December 23, 2009
Are Settlement Agreements Enforceable In Connecticut
The short answer is that it depends. Settlement agreements are generally enforceable if the terms of the agreement are clear and authorized by the litigants or parties to the litigation. In Gengaro v. City of New Haven (to be officially released December 29th), the Appellate…
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December 13, 2009
Connecticut Guaranty Fund Offers Some Recovery For Homeowners Harmed By Construction Contractors
Recently,the Attorney General's office announced another criminal conviction against a home improvement contractor responsible for many failed home improvement contracts. The report also indicated that the homeowner consumers were going to get some financial relief from the Home Improvement…
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December 9, 2009
Health Net’s Data Loss In Connecticut Was Theft
Attorney General Richard Blumenthal issued a scathing press release related to Health Net's recent data loss and security breach. Blumenthal called Health Net's story on it "sanitized" and its six month delay in reporting "unconscionable." Blumenthal called for a…
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November 29, 2009
Breach of Fiduciary Duty In Connecticut
Here is a quick summary of another of the so called "business torts" in Connecticut known as breach of fiduciary duty. A fiduciary duty can arise in a number of contexts in business including relationships with partners, lawyers, accountants, trustees, investment advisers, brokers…
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November 18, 2009
Auto Body Association Wins 15 Million Dollar Verdict For Unfair Trade Practices
On November 17, a superior court jury in Stamford returned a 15 million dollar verdict in favor of the Auto Body Association of Connecticut (and three other auto body repair shops) arising out of claims againt the Hartford for unfair trade practices. The case docket goes back to 2003 and was…
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November 14, 2009
New Study Shows Small Businesses Vulnerable to Cyber Attacks
The National Cyber Security Alliance recently released a new study with some startling numbers concerning small businesses and the threat of data loss, security breach, or cyber attack. Some of the key numbers obtained from polling small business owners include: 65% store customer…
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November 3, 2009
Do You Need A Contract To Stop A Former Employee From Competing?
The short answer is yes, a business does need a contract, also known as a "non-compete agreement," to prevent a former employee from fairly competing in business once the employee resigns. Even with a written agreement, there are limitations on non-compete agreements…
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October 29, 2009
Did A Secretary Cause A Billion Dollar Default Judgment Against PepsiCo?
Imagine your company is so busy preparing for a board meeting that a secretary sets aside paperwork from a recently served lawsuit for a billion dollars over trade secrets. Imagine further that your company bureaucracy fails to put it together that a lawsuit has…
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October 22, 2009
Business Litigation Blog Roundup
Here are some quick hits from Blogs I read around the country on business litigation. Dionne Searcey of the Wall Street Journal law blog reports on the intellectual property fight over the red, white, and blue "Hope" image of President Barrack Obama created by Los Angeles artist Shepard…
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October 13, 2009
Connecticut Defamation Law, The Internet, And Social Networking
In the Business Torts category of this blog, I recently covered the basic law in Connecticut concerning interference with business relationships. Today's post concerns another business tort known as "defamation" and how it intersects with the growing use of social…
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October 2, 2009
New Laws In Connecticut Affecting Business
A whole series of new laws went into effect starting October 1, 2009. For a full list of the laws you can find a link on Dan Schwartz's Employment Law Blog. For a humorous "quick and dirty" summary you can go to Ryan McKeen's Connecticut Law Blog. If you want to know the new taxes and higher…
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September 29, 2009
First Amendment Suit Filed Against Hartford Courant Following Termination of Columnist
I was tipped off by a reader that George Gombossy, the consumer columnist at Ctwatchdog, would be filing his wrongful termination suit against his former employer the Hartford Courant. Sure enough, the lawsuit now has been filed and made its way around cyberspace today. Hartford…
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September 25, 2009
Will Connecticut’s Win In Second Round Of Public Nuisance Lawsuit Open Floodgates For Global Warming Claims?
Connecticut has taken center stage as lead plaintiff in round two against six power companies for public nuisance over global warming. In Connecticut v. American Electrical Power Co., eight States brought a lawsuit to stop ongoing contributions to global warming. The…
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September 23, 2009
The Connecticut Privacy Forum Highlights Very Real Risks For Businesses
On Monday, I attended the Connecticut Privacy Forum hosted by Travelers. This Forum was a well attended inaugural meeting of privacy and data security professionals. I came away from the meeting very impressed with the panel of speakers and…
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September 17, 2009
Connecticut Business Litigation Roundup
Here is a round up of a few interesting business lawsuits making news in Connecticut this past week: Smoking Gun "Crap" Email In Case Watched by Wall Street In Pursuit Partners, LLC v. UBS AG, et al., a 35 million dollar prejudgment remedy was awarded in favor of a…
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