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Effort to reverse arbitration award fails
- Masuda Funai Eifert & Mitchell Ltd
- -
- USA
- -
- June 14 2013
In a recent Risk Management Update, we described the "arbitration from hell" in which the 6th Circuit Court of Appeals reversed and vacated an
The arbitration from hell
- Masuda Funai Eifert & Mitchell Ltd
- -
- USA
- -
- June 6 2013
Supporters of arbitration as a form of dispute resolution point to its many advantages. These include quicker resolution, finality and use of an
Lessons for secured creditors in recent decision
- Masuda Funai Eifert & Mitchell Ltd
- -
- USA
- -
- May 2 2013
A recent Seventh Circuit decision authored by Judge Posner offers several lessons for secured creditors competing over the same collateral
Forum selection clause enforces "home court" advantage
- Masuda Funai Eifert & Mitchell Ltd
- -
- USA
- -
- April 16 2013
As playoff season approaches in professional football, basketball and other sports, teams will compete for "home court" advantage. Most teams will
Without a license, distributor not franchisee, says New Jersey Federal Court
- Masuda Funai Eifert & Mitchell Ltd
- -
- USA
- -
- March 19 2013
One of the banes of a commercial lawyer is the distinction between an ordinary distributorship and a "franchise" under state law. Most states have
Risks and rewards of sales requirements in distributor and sales representative agreements
- Masuda Funai Eifert & Mitchell Ltd
- -
- USA
- -
- March 8 2013
Suppliers, when appointing a distributor or a sales representative, will often want to include minimum sales requirements. These requirements both
Written sales representative agreement succeeds in limiting commissions of terminated representative
- Masuda Funai Eifert & Mitchell Ltd
- -
- USA
- -
- February 21 2013
It is common for manufacturers and sellers of products to use independent sales representatives to generate sales. These arrangements can be "win
Statute of Frauds defense fails based on course of dealing
- Masuda Funai Eifert & Mitchell Ltd
- -
- USA
- -
- February 8 2013
The Statute of Frauds requires certain contracts to be evidenced by a writing to be enforceable. It is based on an English statute from the 17th
Action to "pierce corporate veil" fails another creditor spurned
- Masuda Funai Eifert & Mitchell Ltd
- -
- USA
- -
- February 7 2013
The 7th Circuit has again left a disappointed creditor with no recourse because of the creditor's failure to do basic investigation or take steps to
Court permits reformation of erroneous document lesson is to make really dumb errors to prevail
- Masuda Funai Eifert & Mitchell Ltd
- -
- USA
- -
- August 27 2012
In a recent decision, the 7th Circuit Court of Appeals was faced with a situation that is the bane of any commercial and business attorney
