Posted In: Litigation
Litigation Blog: Defending Corporate Actions by Applying the Business Judgment Rule
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....
Posted In: Litigation
Litigation Blog: Applicable Statute of Limitations in Declaratory Judgment Actions Depends on the Nature of the Underlying Action
on October 26, 2020
Examining the statute of limitations applicable to the appellants' claims in Naiman Family Partners, the 8th District Court of Appeals noted that Ohio's declaratory judgment statute does not establish the applicable statute of limitations for declaratory judgment actions....
Fifth Circuit Court of Appeals Decision in Apache is Merely a Minor Setback for Social Engineering Fraud Victims
on October 31, 2016
The Fifth Circuit Court of Appeals, in an unpublished decision released this month, held that a Crime Policy's "Computer Fraud" coverage did not cover a $2.4 million loss suffered by a policyholder after a social engineering fraud was perpetrated on its accounts payable department. While the decision will undoubtedly be cited by insurers as persuasive authority supporting their denial of similar claims, the Fifth Circuit's decision should ultimately prove to be merely a minor roadblock on the path to coverage for policyholders....
Indefinite Exposure: Arbitration Clauses May Foil Your Statute of Limitations Defense
on October 10, 2016
The common practice of inserting mandatory binding arbitration clauses into commercial contracts may have the unintended consequence of precluding the assertion of a statute of limitations defense in the arbitration itself....
Posted In: Real Estate
Ten Essential Ways to Protect Yourself During a Construction Project
on August 25, 2016
Construction projects, and by extension, construction disputes can be high stakes endeavors. At every step of the way, you have an opportunity to protect yourself, advance your case, or gain leverage over the other side. This is the case not only in litigation, but if you are in a dispute situation outside of court, or even if you are trying to negotiate a resolution to something in a situation that is not otherwise contentious....