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Litigation and Alternative Dispute Resolution

The Heartbleed Paradox

Contact: Ryan Hardy; Spencer Fane Britt & Browne LLP (Missouri, USA)

Data breaches have been big news lately. Hot on the heels of revelations by major retailers that hackers were able to obtain personal information about their customers, a vulnerability in Open SSL was made public on April 7. The vulnerability, known colloquially as Heartbleed,[1] allowed easy access to sensitive information held by a host of major companies, including customer passwords. The Washington Post has a useful primer on the bug...


Manufacturer's Corner: Implied Warranties, Part 3

Contact: Ryan Hardy; Spencer Fane Britt & Browne LLP (Missouri, USA)

After a brief detour, we now resume our series on implied warranties. So far, we have discussed the implied warranty of merchantability and the unenumerated implied warranties that may be imposed by course of dealing or usage of trade. We now turn to the implied warranty of fitness for a particular purpose. This is an important one, because it examines not only how your product should perform as a general matter, but how the product should perform with respect to specific customers...


High Court or County Court?

Contact: Antony Morris; Clarkslegal LLP (Reading, England)

For many years the rules governing civil claims have provided that money claims (except personal injury claims) can be started in either the High Court or the County Court, but that claims could be issued in the High Court only if they are greater than £25,000...


Directors' Liability for Costs of Litigation When the Company is the Defendant

Contact: Adam Knee; Clarkslegal LLP (Reading, England)

The recent case of Axel Threlfall –v- ECD Insight Limited and Another has opened the door to claims that directors may be responsible for paying Costs Orders of litigation that would more commonly be met by the company. The facts in the case are quite unusual and are therefore worth reciting...


Seventh Circuit Tells Debtor Who Attempted to Evade Creditor by Transferring Assets to New Entity After Collection Lawsuit was Filed to Heed the Old Adage: “When You’re in a Hole, Stop Digging”

Every so often, a debtor tries to evade creditors simply by transferring assets to another entity owned or controlled by the same principals. The Seventh Circuit, applying Illinois law, recently handed down an opinion dealing with this exact scenario in the case of Centerpoint Energy Services, Inc. v. Halim, Nos. 13–1797, 13–1807, (7th Circuit, February 18, 2014). The defendant debtor and its principals owned numerous rental properties in the Chicago area and contracted with plaintiff, a natural gas supplier, to buy natural gas for those properties. Defendant stopped paying plaintiff and racked up $1.2 million in unpaid gas bills...

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