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28 Dec 2023, 6:49 pm by Chuck Cosson
While Microsoft has stated it’s extending this offer on the basis few claims are likely to succeed,[21] it also indicates that Microsoft believes there will be some claims that survive to settlement or even to judgment, and for which it would be optimal for Microsoft to control the litigation (rather than its customer). [read post]
15 Aug 2022, 3:48 am by Peter Mahler
The absence of covenants explains the parties’ focus on good will and Justice Borrok’s reliance on the Court of Appeals’ 1981 opinion in Mohawk Maintenance Co. v Kessler holding, on the one hand, that the seller of a company including its good will has an implied duty not to engage in solicitation impairing the company’s good will and, on the other hand, the seller has no general non-compete duty absent express agreement. [read post]
14 Mar 2019, 4:00 am by Ken Chasse
There are no duties owed between buyer and seller except, put simply, to be honest, fair, and legal. [read post]
16 Apr 2024, 8:41 am by Stephen E. Sachs
Wayfair, the 2018 case which lets states force out-of-state sellers to collect and remit use taxes. [read post]
17 Sep 2014, 2:06 am
Sellers create an account (which includes a bank account number for receiving earnings) and can upload ebooks onto the site. [read post]
17 Dec 2008, 7:16 pm
Guida, No. 05-6105 In death penalty habeas proceedings in a case in which petitioner effectuated a murder-for-hire against her husband, denial of habeas relief is affirmed where: 1) state courts reasonably applied Strickland by concluding that petitioner sabotaged her own defense, as counsel's performance is not deficient when counsel follows a client's instructions; 2) state courts reasonably applied Brady because even if certain letters were favorable evidence, and were… [read post]