Business Litigation

You have won your civil case and gotten a judgment. The time for all appeals and post-trial motions has ended. Enforcing your judgment is usually the last step. A judgment in your favor provides enforceable rights, usually the right to be paid by the judgment debtor and often providing non-monetary rights as well. In many cases, happily, this is the…

David was on a panel discussing “Business Arbitration” at the University of Maryland Francis King Carey School of Law on November 2, 2012. He presented an Outline of his presentation which can be accessed from this page. His Outline covers the practical challenges of resolving disputes between parties who are citizens of different nations and the practical advantages and disadvantages…

Significant changes to patent law were enacted when President Barack Obama signed the America Invents Act on September 16, 2011. While this article notes some of the significant changes in patent prosecution, the emphasis is on the effect the 2011 changes portend for patent infringement litigation. Prosecution Changes The most significant change in patent prosecution is the “first inventor to…

I. Introduction A client recently asked me why his insurance company was so resistant to providing his business a defense against an arguably frivolous copyright infringement claim. Incredulously, he inquired, “Isn’t this why I pay premiums?”  The claim related to graphics work done by my client and used as advertising on his customer,s website.  While the matter ultimately resolved in…

An operating agreement of a Maryland limited liability company (an “LLC”) that does not require the unanimous consent of the members for its amendment leaves the minority member(s) vulnerable to oppression and investment lock-in — even if it provides for voluntary withdrawal or buy-out rights. When faced with a draft operating agreement of such nature, counsel for the minority member(s)…