Tag Archives: litigation

Davis Malm welcomes back Shawn M. McCormack

Shawn McCormack practices in the Litigation, Real Estate and Environmental areas. He focuses on real estate litigation and appeals, including zoning, permitting, land use, and title matters. Prior to joining Davis Malm, Shawn served as Law Clerk to the Honorable Gordon H. Piper, Justice of the Land Court Department of the Trial Court of Massachusetts.

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Thomas S. Fitzpatrick Serves as Editor for MCLE’s Newly Released Business Torts in Massachusetts

Davis Malm shareholder Thomas S. Fitzpatrick recently served as the editor of Business Torts in Massachusetts published by the Massachusetts Continuing Legal Education, Inc. (MCLE). This comprehensive and practical guide for business counsel and litigators covers the broad range of business tort actions – from traditional common law torts, such as fraud and interference with contract, to claims grounded in state or federal statutes, such as actions under Chapter 93A or the Copyright Act. Each chapter addresses a specific type of business tort and includes a presentation of the elements of the claim, a discussion of the available remedies, and practical advice for litigating the claim and counseling the client.

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Summary Dilligence

In Scotland, the group tasked with enforcing judgments (and some other debts) are Sheriff Officers, or Messengers-at-Arms for the Court of Session.  Usually, their role begins once you have had your day in court and been awarded your decree (judgment).  However, it is possible on occasion to have Sheriff Officers proceed with enforcement action on the strength of some other documents, such as guarantees or leases.  This article will focus on those other documents.

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ILN Today Post

Lewis Rice Names Nine New Members

The St. Louis office of Lewis Rice LLC is pleased to announce it has named nine new members. Al Ludwig practices in the Corporate Department, while Derick C. Albers, Gregory D. Bulgrin, Jennifer L. Gustafson, Taylor Matthews, Sarah E. Mullen, Corey M. Schaecher, Oliver H. Thomas, and David A. Weder practice in the Litigation Department.

A former licensed CPA, Derick C. Albers represents and advises banks, financial services companies, insurers, corporations, and other clients on a range of litigation and corporate issues. His litigation practice focuses primarily on complex commercial litigation, banking litigation, insurance litigation (including coverage disputes), trust and estate litigation, real estate litigation, and shareholder disputes.

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Craig D. Levey to Moderate MBA Program

On March 15, Davis Malm attorney Craig D. Levey will moderate the Massachusetts Bar Association (MBA) Legal Lunch Program, “Feed Your Mind: Massachusetts Appellate Practice and Procedure.” The session will cover how judges prepare for argument and how appellate panels decide the cases before them, as well as briefings, oral arguments, and amicus briefs. The discussion will also feature two guest speakers from the Massachusetts Appeals Court: The Honorable William J. Meade and Joseph F. Stanton, Esq. 

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James E. Gallagher to Present at Colgate University SophoMORE Connections Program

On January 14, Davis Malm litigation attorney James E. Gallagher will serve as a panelist at Colgate University’s SophoMORE Connections Program. Mr. Gallagher, a class of 2000 Colgate graduate, will lead a series of “Career Cluster” sessions focused on the legal industry and what it takes to thrive in it.

Mr. Gallagher is a trial lawyer with experience in a range of areas, including fiduciary, securities, commercial and class action, probate, and employment litigation in state and federal court. He also advises numerous residential and commercial condominium associations. Prior to joining Davis Malm, Mr. Gallagher served as an officer and judge advocate in the United States Marine Corps. While stationed in Kaneohe Bay, Hawaii, he prosecuted and defended numerous courts-martial. During his time in Hawaii, Mr. Gallagher also served as a Special Assistant U.S. Attorney for the U.S. Attorney’s Office for the District of Hawaii.

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ILN Today Post

H&M announces new partner

Harrison & Moberly, LLP is pleased to announce Nicholas C. Huang has joined the firm as a partner. His practice areas include business, real estate, trust & estates, litigation, and international law.

Nicholas (Nick) Huang has a broad range of experience in international and domestic business and corporate transactions and litigation, real estate, homeowner’s association and property management, trust and estate planning and administration, guardianships, personal injury, and criminal defense.@ He provides negotiation and litigation representation at the federal and state level.

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Ontario Courts Refuse to Stay Action Against Nigerian Defendants

The Court of Appeal for Ontario released its decision in James Bay Resources Limited v. Mak Mera Nigeria Limited, 2015 ONCA 781  this week.  This is an appeal by Nigerian appellants who had lost a motion to stay an action brought by James Bay Resources Limited (“James Bay Resources”) on the ground that the Ontario courts lacked “jurisdiction simpliciter” and Ontario was not the convenient forum for the determination of the dispute between the parties. 
 
James Bay Resources entered into a Memorandum of Understanding (“MOU”) with the appellant, Adewale Olorunsola (“Sola”) on March 3, 2011.  The MOU was negotiated and signed in Ontario.  It set out an arrangement between the parties with respect to the acquisition of Nigerian oil and gas assets. 
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ILN Today Post

AAA Now Requires Pre-Approval and Registration of Arbitration Clauses

For companies looking to avoid the often time-consuming and costly process of going to court over consumer claims, arbitration clauses have become a common feature in consumer agreements. Arbitration generally offers a less formal, less expensive and less complicated process to resolve disputes than litigation. While many arbitrators are legal professionals rather than former judges, and arbitrated cases proceed outside of the courtroom, arbitration administration agencies have become interested in extending due process rights to consumers that are similar to the protections afforded to them in court.

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Legal Action on Behalf of Shareholders Expected Against Tesco

A leading litigation funder, Bentham Funders, has revealed that they have set up a fund for shareholders in Tesco to take legal action against the supermarket giants.

As a result of the formation of the fund, the courts will decide if shareholders and others are entitled to compensation after Tesco’s alleged breaches of the Financial Services and Markets Act which saw the supermarket overstate its earnings and making misleading statements to the market. 

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