RE&C In Review & Litigation Advisory Blog: Eighth District Reaffirms Alleged Cancellation of Contract Containing Arbitration Clause is Referable to Arbitration
By Teresa G. Santin on April 19, 2021
A disputed cancellation of a construction or commercial contract likely won't excuse the contracting parties from the operation of an arbitration clause contained within that same contract. Roark et al. v. Keystate Homes LLC et al., 8th Dist. Cuyahoga No. 109488, 2021-Ohio-707....
Posted In: Litigation and Trademark, Copyright and Trade Secrets
Business Litigation Blog: Does Voluntary Disclosure of a Trade Secret Result in a Per Se Loss of Protection?
By Christopher T. Teodosio on March 4, 2021
Christopher Teodosio discusses whether voluntary disclosure of a trade secret to a former employee results in a per se loss of protection....
Posted In:
Litigation and Real Estate & Construction
Industry:
Construction
RE&C In Review & Litigation Advisory Blog: Can Arbitration Clauses Apply Retroactively?
By Teresa G. Santin on December 10, 2020
Yes, it is possible for arbitration clauses to apply to claims that predate the contract containing the arbitration clause at issue. Retroactive application of an arbitration clause depends on the language of the arbitration provision and applicable substantive law....
Posted In: Litigation
Litigation Blog: Attorney Fees Remain Available as Compensatory Damages for Breach of Settlement Agreement
By David Sporar on December 8, 2020
Whether one can recover attorney fees incurred in a lawsuit, in addition to standard monetary damages, is a common question clients have when they are required to sue others to vindicate their rights and recover for their harm. Typically, the answer to that question is: no....
Posted In: Litigation
Litigation Blog: Defending Corporate Actions by Applying the Business Judgment Rule
By P. Wesley Lambert on November 23, 2020
It is well understood that officers and directors of Ohio corporations owe a fiduciary duty to the corporation. This fiduciary duty is heightened when one serves on behalf of a close corporation. In these circumstances, a director owes a fiduciary duty to both the corporation and its shareholders, and the director's actions may be more closely scrutinized....