Commercial Litigation

DRI's Commercial Litigation Committee is DRI's fifth-largest volunteer committee, and one of its most energetic. Our tent is large, encompassing business torts, intellectual property, class actions and more. Our next Committee event is our annual Business Litigation and and Intellectual Property Seminar: What Smart Companies and Their Lawyers Need to Know in the Next Decade. Save the date: April 15 and 16, 2010 (SLG meetings and welcome reception April 14) and join us in New York City at the Hilton Hotel. This promises to be the premier seminar of the year for business, commercial and IP litigators as well as in-house counsel who are faced with complex business, commercial or IP litigation matters. The program brochure will be available soon with more information about the program topics, speakers, networking opportunities, CLE credit and all the other great things you have come to rely on DRI to provide.

We have numerous ways for you to get involved before April. We now have nine specialized law groups. They are Antitrust and Trade Regulation (chair, Ryan Beckett), Business Torts (chair, Jim Gale), Class Actions (chair, Tim Congrove); Dealer and Franchise Litigation (chair, Mike Sturm), D&O/E&O Litigation (chair, Bruce Wallace); Financial Institutions and Creditors Rights (chair, Jim Miller); Intellectual Property (chair, David Levitt), Securities and Shareholder Litigation (chair, Tim Mast), and Sports Law (chair, Tim Epstein). If you are interested in joining any of the existing SLGs, please complete and return the Commercial Litigation - Join an SLG form found under Links of Interest.

We also have publishing opportunities galore. Our monthly e-newsletter, The Business Suit, continues to regularly disseminate cutting edge articles, substantive law reports, member successes, circuit reports, and lighter moments, all designed to educate and showcase our members. Our members will publish a collection of articles in the August issue of For The Defense. We are soliciting ideas now for a Defense Library Series publication. Our last DLS publication was a 50-state compendium of trade secrets and noncompetition law, edited by Jeffrey Kass and Christine Mast.

The committee's activities are spearheaded by a steering committee, and governed by an executive committee of principal officers and leaders, including Vice Chair Peter Strand. Our activities cater to a broad spectrum of business lawyers and their clients. Our commitment to diversity, our efforts to expand the reach of DRI's member services, and our constant efforts to offer opportunities for those who wish to be involved has, we believe, resulted in an energized and growing membership.

Since I was first welcomed into this committee some years ago, I have found it a collegial, hard-working, and innovative group. I hope that the committee has continued down that path. Anyone who wants to get involved can become involved. We have many opportunities, whether you wish to write, speak, network, market, work on web pages or simply learn. If you are a member, help us advance our goals; if you are not a member, I invite you to join the Commercial Litigation Committee.

Please e-mail me at VHenry@Foleyhoag.com or call (617) 832-1185 if you have any questions, suggestions, or if you want to get involved.

Thanks!

Vickie L. Henry, Chair
DRI Commercial Litigation Committee
Foley Hoag LLP
155 Seaport Boulevard
Boston MA 02210

Subcommittees

 

Articles

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E-News Flash

Thomas J. Welk and Jason R. Sutton, of Boyce, Greenfield, Pashby, & Welk LLP, were recently successful in sustaining an injunction prohibiting a competing manufacturer from using a manufacturing line for a period of two years in Raven Industries, Inc. v. Clark Lee and Integra Plastics, Inc., 2010 SD 49 (S.D. June 16, 2010). In this case, Raven brought suit against a former engineer for Raven named Lee, and a competitor named Integra, who hired Lee. While at Raven, Lee signed two non-disclosure agreements. After going to work at Integra, Lee replicated Raven’s unique manufacturing line.

CLICK HERE to view view entire summary and link to opinion.

Mediation: How Smart Lawyers and Clients Achieve Success in Business and Complex Litigation - WEBCAST, Monday, September 20, Presented by DRI's Alternative Dispute Resolution and Commercial Litigation Committees

Mediation practice is often an underappreciated art and form of advocacy that clients appreciate when done well. Mediation advocacy and preparation are seldom discussed, and even skilled trial lawyers would benefit from more intensive and focused mediation training. Learn how two lawyers and specially trained mediators plan and prepare for mediation, as they explain how to maximize the chances of good mediation results. Topics will include important premediation activity for lawyers and clients, overcoming hurdles in advance of the mediation session, managing client expectations, timing of mediation, and selection of the mediator. The webcast also will demonstrate the importance of selecting the right mediation participants and the breadth of creative solutions that are possible.

CLICK HERE for more information and to register.

Supreme Court Affirms Ruling in Bilski v. Kappas

The Supreme Court unanimously affirmed the ruling that this specific invention, a method of predicting business or economic cycles, was ineligible for patent protection. Justice Kennedy wrote the opinion with several concurring opinions issued.

Read the ruling here

Stolt-Nielsen S.A. et al. v. AnimalFeeds International Corp.

In Stolt-Nielsen A.A. et al. v. AnimalFeeds International Corp., 559 U.S. __ (2010) the Supreme Coure, ina 5-3 decision, held that imposing class arbitration on parties who have not agreed to authorize class arbitration is inconsistent with the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

View entire decision summary.

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Links of Interest

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Committee Chair

Vickie L. Henry

Foley Hoag

(617) 832-1185
E-Mail: vhenry@foleyhoag.com

Committee Vice-Chair

Peter E. Strand

Shook Hardy & Bacon

(202) 639-5617
E-Mail: pstrand@shb.com

Seminar

Insurance Bad Faith and Extra-Contractual Claim Symposium

Thursday, June 23, 2011
Westin Washington DC City Center
Washington, DC
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