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Indianapolis Business & Corporate Law Firm
Business Law Info |
2012/02/24 10:40
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Entity Selection & Formation
There are many important decisions to be made by an emerging business, each of which come with potential pitfalls that be damaging to the business and its owners in the absence of proper legal guidance. Our attorneys can help you with these issues, steering you clear of the problems while helping you select the type of entity which best serves your business interests and goals. From drafting the formation documents to stock issuance to agreements between co-owners, our Firm’s skilled business attorneys can help you establish a solid legal foundation for your business’s future.
Contract Drafting & Negotiation
Beyond the formation of business entities, our Firm acts as a corporate counsel for many of its business clients, including the negotiation, drafting and review of our client’s contracts, ranging in size from a few thousand dollars to millions of dollars. With just a few hours’ time, our review of contracts before they are signed can help our clients avoid paying for hundreds of hours of attorney time in litigation once a contract dispute arises.
Riley Bennett & Egloff Law is a Business & Corporate law firm that offers an all-inclusive range of legal services for their business clients and is capable of handling the various issues any business can face. Based in Indianapolis, their attorneys have expertise in entity selection and formation, contract drafting and negotiation, and mergers and acquisitions. Their experience can help you establish a solid legal foundation for your business's future. See www.rbelaw.com. |
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Apple defends use of iPad name in Chinese court
Business Law Info |
2012/02/22 17:39
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Apple defended its right to use the iPad trademark in China in a heated court hearing Wednesday that pitted the electronics giant against a struggling company that denies it sold the mainland China rights to the tablet's name.
Shenzhen Proview Technology's lawyer Xie Xianghui argued that the sale of the iPad trademark to Apple Inc. by Proview's Taiwan affiliate in 2009 was invalid.
"Apple has no right to sell iPads under that name," Xie said. Apple countered that Proview violated the sales contract by failing to transfer the trademark rights in mainland China.
It also contends that the Chinese LCD maker has not marketed or sold its own "IPAD," or Internet Personal Access Device for years, thus possibly invalidating its claim to the trademark.
The hearing adjourned after a fractious four-hour session which saw the judge repeatedly admonishing both sides to observe proper court protocol as they argued across the courtroom. No date was announced for a judgment or further hearings.
Proview is suing to stop Apple selling the iPad in China under that name. It has also asked commercial authorities in many cities to stop sales of the device. So far, iPads have been pulled from shelves in some Chinese cities but there has been no sign of action at the national level. |
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Cisco challenges Microsoft takeover of Skype in EU
Business Law Info |
2012/02/15 20:52
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Networking company Cisco said Wednesday that it is challenging Microsoft's $8.5 billion takeover of Skype at the European Union's top court to ensure Microsoft won't block other video conferencing services.
Microsoft completed the deal in October shortly after the European Commission, the EU's competition regulator, cleared the takeover. Microsoft Corp. hopes that owning Skype will allow it to better compete with other tech giants including Apple Inc. or Google Inc.
But for Cisco Systems Inc., the world's largest maker of computer networking equipment, the Skype deal creates a serious challenger to its video conferencing systems.
"Cisco does not oppose the merger, but believes the European Commission should have placed conditions that would ensure greater standards-based interoperability," Marthin De Beer, the head of Cisco's video conferencing division, wrote in a blog post.
Video conferencing equipment is a relatively small part of Cisco's overall sales, but it's growing rapidly. Cisco's latest major acquisition was of Tandberg, a Norwegian maker of video conferencing equipment. Cisco spent $3.4 billion for the company in 2010. |
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Lehman Brothers sues Citigroup for $2.5B
Business Law Info |
2012/02/10 17:21
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Lehman Brothers Holdings Inc. and its creditors are suing several units of Citigroup Inc. to recover $2.5 billion the failed investment bank transferred to a backup account at Citi months before seeking bankruptcy court protection.
In the complaint filed on Wednesday with the U.S. Bankruptcy Court for the Southern District of New York, Lehman claims that Citibank is wrongfully withholding the money as a potential source of funds in a dispute over derivative contracts.
Lehman also is asking the court to disallow what it says are $2 billion of "inflated and legally unsupported" claims that Citibank has asserted against it.
In a statement Thursday, Citigroup vowed to defend itself and its right to recover losses from Lehman's collapse. It called the lawsuit unjustified and accused Lehman of trying to renege on its obligations and claw back assets to which it has no right.
According to the lawsuit, Citi demanded on June 12, 2008, that Lehman transfer between $3 billion to $5 billion into an account to cover potential overdrafts by Lehman subsidiaries that were using Citi's clearing and settlement services. |
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Business group weighs in on cigarette label suit
Business Law Info |
2012/01/31 12:10
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The U.S. Chamber of Commerce is weighing in on a lawsuit over graphic cigarette warning labels that include the sewn-up corpse of a smoker and a picture of diseased lungs, saying the federal government has no legitimate authority to take space on a tobacco company's packaging or advertising to persuade consumers not to buy the product.
The pro-business lobbying group filed a friend of the court brief with the U.S. Court of Appeals in Washington late Monday in the lawsuit brought by some of the largest U.S. tobacco companies, including R.J. Reynolds Tobacco Co. and Lorillard Tobacco Co., challenging the Food and Drug Administration's plan to require the new labels be placed on cigarette packs later this year.
A U.S. District Court judge in November blocked the labels while deciding whether they violate the companies' free speech rights, ruling that it is likely the cigarette makers would succeed in a lawsuit. The FDA has appealed that decision and oral arguments are set for April. |
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Amazon Hit With Class Action Over Zappos Data Breach
Business Law Info |
2012/01/18 18:01
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Shoe retailer Zappos is facing a national class action suit one day after it warned customers that its servers had been hacked.
On Monday, the Amazon-owned shoe company sent a mass email stating that 24 million customer accounts had been breached. The incident resulted in hackers obtaining names, phone numbers, emails, encrypted passwords and the last four numbers of customer credit cards.
The lawsuit claims Amazon violated a part of the Fair Credit Reporting Act by failing to properly encrypt and secure customer information, and seeks unspecified damages for 24 million customers.
The lead plaintiff in the case is a Texas woman but the suit was filed in federal court in Louisville, Kentucky on the grounds that Amazon has servers located in that state.
As these type of hacking incidents have become more common, so too have related lawsuits. So far, though, few of these lawsuits been successful because customers have been unable to show that they have been harmed by the data breaches.
The Kentucky lawsuit appears based in part on a novel legal theory that customers will now be more susceptible to phishing and other online scams because hackers have their email. It also alleges the plaintiffs suffered emotional distress. Other high-profile data breach cases such as one involving Sony’s Play Station have been based in part on state consumer laws.
Although courts have been reluctant to find that customers have been harmed by data breaches, there is evidence this may be changing. A security publication recently reported
that an appeals court allowed customers to claim they suffered harm in the form of having to buy insurance for identity theft.
Some media publications this week praised Zappos’ for having a pre-arranged plan to respond to the data theft. The company claims that its customer credit cards remained secure because they were stored in a separate server. |
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