Archive for the ‘Legal news and errata’ Category

By JOE NOCERA
Published: July 11, 2009
The federal government is taking the largest mortgage servicers to the woodshed on their efforts to modify shaky loans.

Click here for the story

Per CNet News, Texas based Dell Computer is suing Canadian based Psion seeking to cancel the trademark “Netbook”

In its complaint, Dell claims that Psion quit using the mark more than six years ago, and has failed to properly defend the mark against infringing uses.

Thanks to Google Translate, the main site for our law firm, DallasBusinessAttorneys.com is now available in Spanish and Vietnamese.

From law.com, the New York state Appellate Division agreed in a split decision to sanction a New York lawyer for allegedly

Please note that the Law Offices of David L. Leon, PC will be modified for the remainder of the year.December 23, 2008 – regular hours December 24, 2008 – 8:30 -12:30 December 25 – 26 – closedDecember 29 – 30 regular hoursDecember 31st – 8:30-12:30Jan. 1 – 2, 2009, closed 

Associated Press is reporting that French company L’Oreal has complained about eBay’s lax attitude regarding the sale of counterfeit goods. Counterfeit goods are fake goods that contain a legitimate trademark. This complaint seeks to go after the merchant providing a forum for the sale of goods (eBay) in addition to going after the purveyor of the goods (the individual sellers of the goods.) For more information, please click http://www.mercurynews.com/business/ci_11190785?nclick_check=1

One of our web sites, leonlaw.com, has received a major update. The new site features include an online web form, and a live chat function. Please let us know what you think!

 Insurance companies have been inserting subrogation language in their policies. This language states that if you are injured by a third party, and that third party pays insurance benefits, the insurance company gets its money back…even if there’s not enough to go around. http://www.statesman.com/opinion/content/editorial/stories/04/16/0417kostura_edit.html 

An email purporting to be a a federal subpoena is circulating. In the email, a copy of what appears to be a federal subpoena (complete with official looking decal) asks the user to download Adobe software in order to view the subpoena. The email includes several bits of real information about the user’s company. The software instead downloads software to steal a computer users identity, or take control of the user’s computer.http://www.nytimes.com/2008/04/16/technology/16whale.html?_r=1&oref=slogin 

David L. Leon, PC has moved offices. We are now located at 3500 Oak Lawn Ave., Ste. 205, Dallas, Texas 75219.  We now offer services including wealth preservation, asset protection, and, through our association with Pearce Ferguson and Davis law firm, securities and private placement services.

Texas Attorney General Greg Abbott sued the owners of several web sites, claiming that the proprietors illegally collected personal information from minors under the age of 13. http://www.law.com/jsp/article.jsp?id=1196935472235 

Protecting a company’s name is big business. Many companies are registering domain names to protect themselves from future problems.  Read more: http://www.washingtonpost.com/wp-dyn/content/article/2007/11/30/AR2007113002188.html 

Hormel foods sued Spam Arrest, LLC for trademark dilution. After a five year court battle, Spam Arrest won the right to continue using its name. For more information:http://www.reuters.com/article/companyNewsAndPR/idUSN2856002320071128 

Probate is a process by which an estate is handled. Remember, an estate is just the property of a person.  In many cases, probate consists of going to court, proving that a person is deceased and asking a court to appoint a personal representative of the estate to process the estate (collect estate assets, pay estate debts, and distribute property to heirs.) Probate avoidance is a technique to reduce the amount of work a personal representative of an estate will have to do. 

For more information: http://www.dallasnews.com/sharedcontent/dws/bus/stories/DN-radioshack_19bus.ART.State.Edition1.2a476f0.html

Dell is suiing three domain registars for the practice of cybersquatting and typosquatting. Cybersquatting is the practice of registering domain names that are similar to regularly known businesses and profiting by selling ad space. People trying to access the intended site are then thrown to a site with advertising for similar products. Common misspellings of company names are called “typosquatting”

For more information http://www.washingtonpost.com/wp-dyn/content/article/2007/11/28/AR2007112801679.html 

An east Texas jury ordered Microsoft to pay Z4 $140 million for Microsoft’s infringing use of double password protection software embedded in MS Office 2003. The software allows users to “activate” a purchased copy of the software. Microsoft appealed the verdict to the U.S. Court of Appeals for the Federal Circuit (which hears all patent appeals) and lost.

For more information  http://www.siliconvalley.com/news/ci_7568745?nclick_check=1

It seems like a typical scenario. A former employee calls the Business Software Alliance (BSA) and informs them that your company is suspected of using illegal copies of software. The BSA then contacts the company, threatens them with a lawsuit, and asks the company to self-audit their software. After the company admits to wrongdoing, the BSA and the company negotiate a settlement. The question is, does the company have to comply with the self-audit request?

For more information:  http://www.law.com/jsp/article.jsp?id=1196071455725

Burst agreed not to sue Apple over current or pending DVR patents, Burst.com said. Burst.com alleged Apple infringed on its patents for transmission of compressed audio and video files in iTunes, iLife, QuickTime, and the ubiquitous iPod.

For more information: http://www.infoworld.com/article/07/11/21/Apple-settles-iPod-lawsuit-for-10-million_1.html 

The annual Stella Awards, which lists the most extravagant lawsuits of the year, has been flooding email inboxes for years. However, this year’s top lawsuit was nothing more than popular urban myth, writes Houston Chronicle columnist Rick Casey. Casey cautions the public to take stories like those enumerated in the Stella Awards with a grain of salt and notes that stories about most “frivolous” lawsuits are usually big, fat lies.

 

For more information: http://www.chron.com/disp/story.mpl/metropolitan/casey/5325241.html

Class action status was granted in a lawsuit alleging that Target Corp. is breaking California and federal laws by not having its internet site accessible by the blind.

http://www.law.com/jsp/article.jsp?id=1191402188913

Paul Minor, an attorney who handled a large tobacco case, was ordered to serve 11 years in prison. He also was fined $2.7 million and must pay restitution. http://www.law.com/jsp/article.jsp?id=1189155770010 

 High profile securities and class action lawyer William S. Lerach agreed to plead guilty today to a criminal conspiracy charge in connection with a class-action scheme involving the Milberg Weiss law firm.http://www.nytimes.com/2007/09/18/business/18lerach.html?_r=1&ex=1190779200&en=f6a6f752f5d4d078&ei=5070&emc=eta1&oref=slogin

There are several common issues that our firm can assist your business. Most often, people who have incorporated themselves online using forms or internet incorporation sites should have their documents reviewed by our law firm. We can explain the company’s regulations, by laws or operating agreement. We can also assist with annual corporate governance and maintenance. This includes handling the organizational meeting and stock issuance, reviewing corporate meetings and minutes. Our firm can also assist your business with contract drafting and review, collection matters and litigation.

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