A Few Tips To Avoid Piercing Of the Corporate Veil
admin @ November 19, 2008 # No Comment Yet
A fundamental rule of corporate law is that, normally, shareholders, officers, and directors are not liable for the debts of a corporation. The concept that a corporation is a legal entity, separate and apart from the natural persons who compose it, is a legal fiction designed to facilitate the transacting of business. However, when the [...]
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Ohio Supreme Court test to set aside ‘commercial dockets’ for biz disputes
admin @ November 16, 2008 # No Comment Yet
The Ohio Supreme Court wants to make it easier to litigate business disputes in the state. The court’s seven justices approved a pilot program creating specialized “commercial dockets” in state courts in five Ohio counties. Those courts will set up case schedules composed entirely of fights between businesses. The intent is to get company lawsuits [...]
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Potato, Potahto, Illegal, Unlawful - Dombroski and New Rules for Piercing the Corporate Veil
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The recent Ohio Supreme Court’s decision in Dombroski v. Wellpoint, Inc., 2008-Ohio-4827, has only further complicated the determination whether the corporate veil should be pierced in particular cases. In holding that the second prong of the seminal Belvedere test did not include merely unjust or inequitable acts, but did include “similarly unlawful” acts, the Court [...]
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Understanding Tortious Interference With Business Relationships and Contracts
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Ohio law recognizes causes of action for both tortious interference with a business relationship and tortious interference with contract rights. They differ only in that the former tort does not require proof of a contractual relationship. “The torts of interference with business relationships and contract rights generally occur when a person, without a privilege to [...]
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Can I Bring An Action For Defamation Of My Business?
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“Defamation” is a false publication causing injury to a person’s reputation or exposing that person to public hatred, contempt, ridicule, shame, or disgrace or affecting the person adversely in his or her trade, business, or profession. The essential elements of an action for defamation require : a false statement concerning another; that is defamatory; that [...]
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Protect Your Property - Intellectual Property Update - Patent, Copyright or Trademark your work.
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Rayan Coutinho, a trademark and copyright attorney at Wood & Lamping, explains that three levels of trademark protection are available. Simply affixing a “TM” superscript by a logo or design without registering the trademark protects a common-law trademark. The second option, registering a trademark with a state’s secretary of state, is inexpensive but only offers [...]
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How To Prevent The Importation Of Goods Bearing Infringing Marks?
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The U.S. Customs & Border Protection (CBP), a bureau of the Department of Homeland Security, maintains a trademark recordation system for marks registered at the United States Patent and Trademark Office. Parties who register their marks on the Principal Register may record these marks with CBP, to assist CPB in its efforts to prevent the [...]
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Economic Crises Will Take Precedence Over Near-Term Immigration Overhaul
admin @ November 13, 2008 # No Comment Yet
The next administration’s preoccupation with economic crises will likely prevent immigration advocates from capitalizing on steep losses suffered by their foes in last week’s election, delaying any attempt to ease entry for people in the U.S. illegally. Of the 13 House Republicans who lost their seats on Nov. 4, nine were members of the Immigration [...]
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Changes to Partnership Law in Ohio
admin @ November 13, 2008 # No Comment Yet
H.B. 332 adopts a version of the Revised Uniform Partnership Act (1997) as new R.C. Chapter 1776 to govern new partnerships effective January 1, 2009, and existing partnerships that elect on and after that date to be governed by the Act and to govern all partnerships effective January 1, 2010. The chapter is cited as [...]
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December 2008 Visa Bulletin Released
admin @ November 13, 2008 # No Comment Yet
This bulletin summarizes the availability of immigrant numbers during December. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under [...]
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