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class certification

Class Certification Is Not a Determination on Liability

Class action defendants have developed a mantra that, at the certification stage, “a trial court must undertake a rigorous analysis, which may include probing the underlying merits of the plaintiff’s claim[.]” Stammco, L.L.C. v United Tel. Co. of Ohio. Defendants often improperly interpret the probing of the underlying merits to mean that, instead of addressing the Rule 23 prerequisites when

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Rule 23 e-mail notice

E-Mail Notice Has Arrived In Rule 23 Class Actions

When a court certifies a class action, due process requires that the class members receive notice. Although email accounts are ubiquitous and generally available for free to anyone with internet access, courts have been reluctant to approve email notice as the primary form of notice to class members. That reluctance is misplaced. Courts have never required that notice in Rule

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Non-Statutory Buyout

Get Out: How to Force a Non-Statutory Buyout From a Company

When the owners of a closely held Minnesota company end up in a lawsuit with each other, you can usually expect one of the owners to request a fair value buyout of his or her interest. Minnesota law is unique in that both the Minnesota Business Corporation Act and the Minnesota Revised Uniform Limited Liability Company Act expressly provide for

Read More »
U.S. patent attorney

Your Patent Attorney Is Not Unscrupulous

Our English language is a quirky one. Pronunciation oddities, inconsistent grammatical rules and, of course, the continual quandary: “its” vs. “it’s.” English has numerous words that have negative connotations but, in many cases, the positive variation of that word is not in our common vernacular. Examples of such words are: uncouth, unravel, unwieldy, and unscrupulous. Really, when was the last

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Attorney’s Fees

Pitfalls to Avoid: Attorney’s Fees Under Rule 9.100

A party seeking or opposing issuance of a writ in an original proceeding under Florida Rule of Appellate Procedure 9.100 may have statutory or contractual grounds for seeking an award of attorney’s fees, but there are some potential procedural pitfalls as to the method and timing of requesting the award. METHOD The correct method of seeking attorney’s fees in original

Read More »
franchise non-compete agreements

Franchise Non-Compete Agreements: Mostly Unenforceable As Written

For the past several decades, courts in many jurisdictions have handed out injunctions like candy in franchise non-compete cases. This is, of course, dead wrong. Here is a great example from my case files. Joe owns five McDonald’s locations in a high traffic area. Joe decides not to renew his franchise agreement. He figures he can go start some other

Read More »
Trademark Fair Use In Artistic Works

Trademark Fair Use In Artistic Works

Art imitates life, it’s said, but this creates interesting legal tensions when the life being imitated is crowded with commercials. Marketing experts estimate that the average American is exposed to thousands, if not tens of thousands, of brand logos and advertisements each day. It is not surprising, then, that film makers, artists, musicians, and authors often want to use trademarks

Read More »
Immigration

What Your Foreign Clients Need To Know About Working In The U.S.

As the world’s largest market and the land of opportunities, the U.S. attracts many foreign businesses seeking to grow. These businesses often have a difficult time finding qualified workers to fill critical and unique jobs. In many cases, foreign businesses need to hire non-U.S. nationals for their U.S. operations. Unfortunately, they find that U.S. immigration law is very complex and

Read More »
trial presentation in family law

Strategies For More Effective Trial Presentations In Family Law Proceedings

On Sept. 21, 2018, the executive council of the family law section of the State Bar, past and present family law judges, as well as experienced practitioners, gave 24 participants the opportunity to hone their skills in the Family Law Trial College. The suggestions, thoughts, and ideas that were discussed benefit any Arizona family law attorney, regardless of their years

Read More »
class certification

Class Certification Is Not a Determination on Liability

Class action defendants have developed a mantra that, at the certification stage, “a trial court must undertake a rigorous analysis, which may include probing the underlying merits of the plaintiff’s claim[.]” Stammco, L.L.C. v United Tel. Co. of Ohio. Defendants often improperly interpret the probing of the underlying merits to mean that, instead of addressing the Rule 23 prerequisites when

Read More »
Rule 23 e-mail notice

E-Mail Notice Has Arrived In Rule 23 Class Actions

When a court certifies a class action, due process requires that the class members receive notice. Although email accounts are ubiquitous and generally available for free to anyone with internet access, courts have been reluctant to approve email notice as the primary form of notice to class members. That reluctance is misplaced. Courts have never required that notice in Rule

Read More »
Non-Statutory Buyout

Get Out: How to Force a Non-Statutory Buyout From a Company

When the owners of a closely held Minnesota company end up in a lawsuit with each other, you can usually expect one of the owners to request a fair value buyout of his or her interest. Minnesota law is unique in that both the Minnesota Business Corporation Act and the Minnesota Revised Uniform Limited Liability Company Act expressly provide for

Read More »
U.S. patent attorney

Your Patent Attorney Is Not Unscrupulous

Our English language is a quirky one. Pronunciation oddities, inconsistent grammatical rules and, of course, the continual quandary: “its” vs. “it’s.” English has numerous words that have negative connotations but, in many cases, the positive variation of that word is not in our common vernacular. Examples of such words are: uncouth, unravel, unwieldy, and unscrupulous. Really, when was the last

Read More »
Attorney’s Fees

Pitfalls to Avoid: Attorney’s Fees Under Rule 9.100

A party seeking or opposing issuance of a writ in an original proceeding under Florida Rule of Appellate Procedure 9.100 may have statutory or contractual grounds for seeking an award of attorney’s fees, but there are some potential procedural pitfalls as to the method and timing of requesting the award. METHOD The correct method of seeking attorney’s fees in original

Read More »
franchise non-compete agreements

Franchise Non-Compete Agreements: Mostly Unenforceable As Written

For the past several decades, courts in many jurisdictions have handed out injunctions like candy in franchise non-compete cases. This is, of course, dead wrong. Here is a great example from my case files. Joe owns five McDonald’s locations in a high traffic area. Joe decides not to renew his franchise agreement. He figures he can go start some other

Read More »
Trademark Fair Use In Artistic Works

Trademark Fair Use In Artistic Works

Art imitates life, it’s said, but this creates interesting legal tensions when the life being imitated is crowded with commercials. Marketing experts estimate that the average American is exposed to thousands, if not tens of thousands, of brand logos and advertisements each day. It is not surprising, then, that film makers, artists, musicians, and authors often want to use trademarks

Read More »
Immigration

What Your Foreign Clients Need To Know About Working In The U.S.

As the world’s largest market and the land of opportunities, the U.S. attracts many foreign businesses seeking to grow. These businesses often have a difficult time finding qualified workers to fill critical and unique jobs. In many cases, foreign businesses need to hire non-U.S. nationals for their U.S. operations. Unfortunately, they find that U.S. immigration law is very complex and

Read More »
trial presentation in family law

Strategies For More Effective Trial Presentations In Family Law Proceedings

On Sept. 21, 2018, the executive council of the family law section of the State Bar, past and present family law judges, as well as experienced practitioners, gave 24 participants the opportunity to hone their skills in the Family Law Trial College. The suggestions, thoughts, and ideas that were discussed benefit any Arizona family law attorney, regardless of their years

Read More »

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