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Business Litigation Archives

Business litigation may concern rescission of a company purchase

An interesting legal issue was recently litigated in another state but the outcome will be likely be influential in the Oregon courts as well. The legal issue in the business litigation case is when can a company cancel an acquisition of another company when the other party's business sharply declines after entering the contract. The court was given the task of deciding whether the business of the firm had suffered a "material adverse change" after the deal was finalized.

Business litigation claims bank's mishandling of customer account

Scams against funds held and processed by banking institutions are increasing, including  in Oregon. In one such incident, a computer services company recently filed a multi-count business litigation lawsuit against a savings bank that is alleged to have failed in its duty to protect the company's cash deposits in the bank. It is alleged that the bank received an email from a purported employee of Precision Computer Services directing the bank to send $67,560 to a bank in another country.

Business litigation case: team says city breached contract

Sports agreements between municipalities and private owners of minor league teams are fairly commonplace in Oregon and other states. Sometimes, the agreements don't work out as planned, and disputes arise. These are often over commitments by one or both parties to contribute promised financing or other resources as part of the contract. When the meaning of the contract becomes hopelessly tied up in conflicting accounts, the dispute may end up as a business litigation lawsuit.

Appellate court reverses direction of business litigation case

Shareholder suits against a company are fairly common everywhere, including in Oregon. One recent business litigation dispute gaining some public attention was a charge by two Xerox Corp. shareholders that a proposed business transaction with Fujifilm would hurt all Xerox shareholders. It was alleged that the CEO of Xerox continued to negotiate the transaction after management officials told him not to proceed further. However, Xerox stated that the CEO was authorized to continue negotiating.

IOT devices expected to cause business litigation explosion

There could be an explosion of litigation approaching in Oregon and worldwide regarding devices that have internet connectivity. Such devices are called the "Internet of Things" (IOT) and they are able to connect to the internet and exchange information thereon. This includes all of the basic devices that one would think of, such as laptops, desktops, smartphones and tablets, but it also includes new entries. The newer connections for IOT devices include TVs, medical notification tools, medical data devices, home security systems, cars, and many others. As the volume increases, the chances for wrongdoing, along with expected increases in consumer and business litigation, will continue to grow.

Business litigation may concern severance for ousted executives

Many smaller corporate entities in Oregon have problems similar to the controversy over the severance package to be given to the former CEO of CBS, Les Moonves. CBS has been embroiled in a controversy about sexual harassment at the company and concerning the participation of Moonves in such activities. The intent of the company to give Moonves a $100 million-plus severance package has ignited criticism and led to business litigation by shareholders against CBS.

Business litigation cases seek solutions to private email abuses

The ramifications of private email use by public officials regarding governmental matters is a phenomenon that is generating litigation throughout the country, with the possibility for the same here in Oregon. Aside from the familiar political issues of improper email usage made by political parties against each other, consumer and public interest groups assert violations of access to public records laws caused by private email archiving. Consequently, a national web of business litigation cases may be an emerging trend.

Business litigation can overtax an unprepared small company

In Oregon and anywhere else the concern of a small business when it becomes embroiled in a court case with another company goes beyond just the dollars and cents pertaining to the disputed claim. The small business owner must also worry that the company does not get off of its focus and its mission by the distraction of an emotional adversary battle. That kind of obsession can build up in business litigation when the case involves multiple depositions of key executives and extensive e-discovery that is technical enough to get anyone out of focus.

Court dismisses business litigation for insufficient allegations

Shareholder disputes are a mainstay of corporate conflicts that can lead to litigation in Oregon and elsewhere. The board of directors of a corporation has a fiduciary duty to be transparent with the shareholders and to generally keep them accurately informed about the important transactions of the corporation. When one or more shareholders believe that the corporation has not kept them informed or has provided them with inaccurate information, they may bring business litigation to have the courts correct the breaches that have allegedly occurred and/or compensate for them.

High tech business litigation settles for $400 million

High tech companies located in Oregon and other states appear to be occupied with a constant flow of patent and intellectual property litigation. One case that has lingered for years is a business litigation matter in which networking giant Cisco sued newcomer and hated competitor Arista Networks for allegedly stealing Cisco's vital intellectual property assets. Cisco alleges that Arista, which has been quite profitable and successful, made its mark on the back of Cisco's proprietary technology.

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