Lawful Thoughts®

Focused on Legal Issues Affecting Businesses
of All Shapes and Sizes

U.S. Supreme Court and 4th Circuit Each Rules for Creditors in Recent Notable Opinions

Posted on by Neil E. McCullagh in Creditors' Rights, Bankruptcy and Insolvency

This month we report on two very recent court decisions that are noteworthy for creditors.

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Defend Trade Secrets Act Signed Into Law

Posted on by Dana D. McDaniel in Intellectual Property and Information Technology

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (DTSA).

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Bank With U.C.C. Security Interest In Deposit Account v. Garnishment Creditor: Who Has Priority?

Posted on by Neil E. McCullagh, Timothy G. Moore in Creditors' Rights, Bankruptcy and Insolvency

In a recent case, however, a federal court ruled that a Garnishment Creditor trumped the bank's security interest in its borrower's deposit account.

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How Did Richmond Become the Epicenter of Grocery Wars?

Posted on in Commercial Real Estate, RVA Grocery and Delivery Wars

It seems as if every week there is an announcement of the opening or expansion of yet another grocery store in the Richmond metropolitan area.

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"Duke Rules Package" Implementation: Revisions to the Federal Rules of Civil Procedure Four Months Later

Posted on by John M. Erbach in Litigation

The Supreme Court adopted most of the “Duke Rules” effective December 2015. This article provides an update on how courts have applied FRCP changes

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Creditors Take Note: New Bankruptcy Forms Become Effective December 1, 2015

Posted on by Neil E. McCullagh in Creditors' Rights, Bankruptcy and Insolvency

Effective December 1, 2015, most existing Official Bankruptcy Forms will be replaced with new forms.

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Contractors: To Waive Or Not To Waive Consequential Damages?

Posted on by William R. Mauck, Jr. in Construction

A waiver of consequential damages is contained in many construction contracts.

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