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McDaniel & Park PC


Book value is not fair value in partnership buyout

USA - August 19 2011 Book value can have a few different meanings

Intellectual property issues in distribution agreements

USA - March 31 2011 Distributors work hard to build the goodwill in a product with the expectation that they will profit from the increase in goodwill through increased sales

New Jersey limited liability company laws undergo major revision

USA - October 5 2012 A new set of laws governing New Jersey limited liability companies will become effective in March

Trademark infringement allegations unlawful says eBay seller

USA - April 8 2011 Luxury goods manufacturers have their hands full trying to police the Internet for counterfeits and knockoffs

Gray Market Lanham Act claims dismissed

USA - June 7 2011 Gray Market imports are often the subject of Lanham Act trademark infringement litigation

LLC mortgage may be challenged

USA - November 9 2012 A mortgage given by a New Jersey limited liability company to one of its members can be challenged by the purchaser in a court-approved sale of the business, the Appellate Division holds, reversing the trial court

Stock certificate transfer claim rejected

USA - November 9 2012 One of the principles of corporate law that comes up with some frequency in shareholder disputes is that a share certificate is not an interest in a company, but only evidence of ownership

Trademark counterfeiting case justifies asset freeze

USA - November 6 2012 The assets that may be frozen to fund an equitable accounting in a trademark counterfeiting case are limited to those necessary to disgorge profits, according to a recent decision in the Southern District of New York

Shareholder oppression claim requires trial

USA - November 6 2012 A motion for judical dissolution of a retail business based on the claims that the majority owner had oppressed the minority shareholders should be denied when the facts are in dispute

Buy-sell agreement to arbitrate is enforceable

USA - November 2 2012 Agreements to arbitrate are frequently added to buy-sell agreements and other corporate governance contracts