Shutts & Bowen is pleased to announce the addition of Coral Springs Vice MayorDan Daley to its Business Litigation and Land Use and Zoning practice groups in the firm’s Fort Lauderdale office.
“We are extremely pleased Dan is joining the firm. His commitment to the community and his experience in Tallahassee is invaluable,” said Joseph M. Goldstein, Managing Partner of the Fort Lauderdale office of Shutts & Bowen and a member of the Business Litigation Practice Group.
On January 22, Davis Malm shareholder Thomas S. Fitzpatrick co-chaired the Massachusetts Continuing Legal Education’s (MCLE) 15th Annual Business Litigation Conference. Mr. Fitzpatrick’s presentation, “Year-in-Review: Top 10 Cases,” analyzed how the top cases of 2015 impact litigation practices. He also moderated a panel of judges from the Business Litigation Session, who discussed recent trends and addressed questions regarding the judicial panel sessions.
Century 21 Canada Ltd. Partnership v. Rogers Communications Inc., 2011 BCSC 1196
A treatise on browsing, indexing, scraping and republishing internet content.
Preymann v. Ayus Technology Corporation, 2012 BCCA 30
The latest word on the enforceability of forum selection clauses.
Hoban Construction Ltd. v. Alexander, 2012 BCCA 75
Does a handwritten document, hastily drafted and signed in a gravel pit, constitute a legally binding contract?
Holdyk v. Adolph, 2012 BCCA 37
Does the intention to wind up a company demonstrate a lack of good faith for those seeking to bring a derivative action?
Bank of Montreal v. Peri Formwork Systems Ltd. 2012 BCCA 4
The latest word from the Court of Appeal on priorities between lien claimants and mortgagees and their receivers.
Hoban Construction Ltd. v. Alexander, 2012 BCCA 75
Does a handwritten document, hastily drafted and signed in a gravel pit, constitute a legally binding contract?
The parties to the action had known each other for some time before they went into business together. The parties invested in the Malakwa Mill, which was involved in the production of wood veneer. Later, the appellants, using the notice provisions of a unanimous shareholders agreement (“USA”), advised the respondent that it wished to sell its shares in the business venture. A crude, handwritten document, parts of which were not decipherable by the trial judge, served as the alleged agreement to purchase the appellants’ shares. The respondent refused to complete the share purchase and, ultimately, the appellants sold their shares for a much lower amount to other purchasers. The appellants sought the difference, some $600,000, from the respondent.
Century 21 Canada Ltd. Partnership v. Rogers Communications Inc., 2011 BCSC 1196
A treatise on browsing, indexing, scraping and republishing internet content.
A case that brought to the forefront of Canadian law “browse wrap” agreements, indexing and scraping of content by search engines generally, and vertical search engines specifically, was the 434 paragraphtour de force judgment of the B.C. Supreme Court in Century 21 Canada Ltd. Partnership v. Rogers Communications Inc., 2011 BCSC 1196. The plaintiffs were Century 21 (a real estate agency) and two of its realtors. Century 21 developed a website where it published real estate listings generated by the realtors, including property information, prose description and photographs. On the other side of the dispute was Rogers and its subsidiary Zoocasa, which referred to itself as a “vertical search engine” that “scraped” and aggregated real estate listings and other related information from different sources, including from websites of real estate agencies like Century 21. Although the court found that “scraping” was not yet a universally accepted term of art, it generally accepted the following distinction between indexing and scraping:
Bank of Montreal v. Peri Formwork Systems Ltd. 2012 BCCA 4
The latest word from the Court of Appeal on priorities between lien claimants and mortgagees and their receivers.
This Court of Appeal decision relates to an incomplete construction project in Squamish known as “Coastal Village”. The Bank of Montreal was the lead lender on the construction project and, as of June 30, 2009, just over $29 million was owing to the bank. Demand was made and shortly thereafter the owners of the project obtained a stay under the Companies Creditors Arrangement Act (the “CCAA”).