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Results: 1-10 of 316

Contract with one-sided termination enforced not a perpetual contract
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • June 22 2015

In an earlier Risk Management Update, we reported on an Illinois case in which the court declined to enforce what it considered to be a perpetual


U.S. Supreme Court keeps ban on collecting royalties from expired patents
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • June 24 2015

In 1964, the U.S. Supreme Court issued an opinion in the case Brulotte v. Thys. Co.holding that a patentee cannot charge royalties for the use of his


Reasonable accommodations for employees with multiple sclerosis - what does the law require?
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • May 9 2013

With an estimated 400,000 people diagnosed with multiple sclerosis ("MS") in the United States, it is not surprising that legal issues have flared up


Business owner loses $30 million through lack of due diligence
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • April 24 2015

William Carlson was a successful businessman. Carlson was the owner of Willis Capital LLC, through which he founded Belvedere Trading LLC in 2002


Appellate court finds choice-of-law clause does not trump territorial limitations of a consumer fraud action
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • September 7 2012

Recently, the Second District of the Illinois Appellate Court affirmed the trial court’s dismissal of a claimed violation of the Illinois Consumer Fraud Act (the “CFA”) because the alleged violation did not primarily take place in Illinois


U.S. Supreme Court unanimously vacates and remands case due to EEOC's lack of conciliation efforts
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • May 26 2015

Before suing an employer for discrimination, the Equal Employment Opportunity Commission ("EEOC") must try to remedy unlawful workplace practices


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


In California, a settling defendant may not be truly out of the case
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • October 4 2012

The California Supreme Court recently ruled that in cases where the trial judge has not certified that a settlement was reached in good faith, the non-settling defendants may later sue the settling defendant if the jury apportions additional fault to the settling defendant


Confidentiality agreement not enough to protect confidential information
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • January 14 2015

Confidentiality agreements have become routine as a part of conducting business. Parties frequently exchange confidentiality agreements, or sign a


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