The past decade has seen an explosion in the use of mediation to resolve transnational business disputes. But too often, the crucial role played by cultural differences gets overlooked. Dewey Ballantine’s Robert de By and George Mastoris provide some help in this tricky area. They describe how culture acts as a kind of “software of the mind,” and how understanding a party’s cultural approach to concepts such as “time orientation” and “uncertainty tolerance” can increase the odds of a successful mediation.
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Posted on Wednesday, March 14th, 2007. Filed under: Business Law, Law Misc
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Manufacturer wrongfully terminated license agreement by failing to give distributor 30-day notice and opportunity to cure as required by contract; manufacturer was not excused from compliance on theory that distributor already had materially breached agreement by failing to use best efforts in selling products.
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Posted on Wednesday, March 14th, 2007. Filed under: Business Law, Law Misc
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Where construction contractor settled project claims on own behalf and on behalf of subcontractor in bankruptcy, issue of how much money contractor owed subcontractor on theory of constructive trust did not constitute core bankruptcy proceeding; bankruptcy law was implicated only because subcontractor happened to be in bankruptcy; thus, dispute was non-core proceeding subject to compelled contractual arbitration.
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Posted on Wednesday, March 14th, 2007. Filed under: Business Law, Law Misc
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In a dispute that may soon reach the Supreme Court, several groups are asking the justices to end lucrative deals in which large “pioneer” pharmaceutical manufacturers pay small labs to refrain from bringing cheaper generic versions of their blockbuster drugs to the market. Critics contend that the practice preserves patent monopolies in a manner that harms consumers, competition and public health. The Court will consider the issue, along with other petitions for review, at its conference Friday.
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Posted on Wednesday, March 14th, 2007. Filed under: Business Law, Law Misc
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The Pennsylvania Supreme Court last week heard oral arguments in a case asking them to determine whether a shooting spree by a former attorney with a history of mental health problems was a “single occurrence” for insurance purposes or “six occurrences” to account for each person gunned down. Justice Ronald D. Castille voiced concern that allowing intentional conduct to decide the number of occurrences would appear to let insureds drive up policy limits and make policies impossible to price.
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Posted on Wednesday, March 14th, 2007. Filed under: Business Law, Law Misc
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A New Jersey state legislative committee on Monday pushed forward a bill that would make that state the first to prohibit investment of public money in companies doing business with Iran. Assemblyman Neil Cohen says he is sponsoring the measure in view of Iran’s attempts to develop nuclear weapons and statements by its leaders denying the Holocaust and indicating a desire to see Israel destroyed. The U.S. already prohibits American companies from doing business with Iran.
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Posted on Wednesday, March 14th, 2007. Filed under: Business Law, Law Misc
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In a defeat for the insurance industry, the 11th U.S. Circuit Court of Appeals has affirmed a lower court ruling barring 17 insurers from canceling policies due to a massive fraud investigation into Florida viatical company Mutual Benefits Corp. Last week the appellate court upheld a U.S. District Court dismissal of the insurers’ lawsuit for failure to show specific fraud. The 11th Circuit affirmance is a huge victory for 30,000 investors who would have lost over $100 million if the policies were voided.
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Posted on Wednesday, March 14th, 2007. Filed under: Business Law, Law Misc
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California’s case against Hewlett-Packard executives, brought last year as a headline-grabbing prosecution of corporate malfeasance, ended with a whimper when a judge dismissed charges against the former board chairwoman and refused to impose jail time on three others. Former AG Bill Lockyer slapped all four defendants last fall with felony charges in connection with HP’s hunt to find out who was leaking information to the media, but legal experts immediately had doubts about the case’s legal grounding.
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Posted on Wednesday, March 14th, 2007. Filed under: Business Law, Law Misc
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It’s no secret that the housing market has slowed in recent months. As a result, tensions are rising between purchasers and sellers with diverging interests, and a new wave of litigation is spinning off from residential land development deals gone sour. So what’s all the fighting about? Womble Carlyle Sandridge & Rice’s Deborah J. Israel and Cathy A. Hinger discuss several key pressure points in the real estate development process, including the due diligence period and the subdivision process.
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Posted on Wednesday, March 14th, 2007. Filed under: Business Law, Law Misc
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Bracewell & Giuliani has hired three lawyers from Winstead in Dallas, including Bruce Cheatham, who had been head of Winstead’s corporate and securities section. Cheatham says they made the move because they were impressed with 400-lawyer Bracewell’s corporate and securities practice and its energy practice, as well as the firm’s presence in New York, Washington, D.C., and internationally.
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Posted on Tuesday, March 13th, 2007. Filed under: Business Law, Law Misc
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