Recently one of our trade association clients learned that bankruptcies can be painful for creditors, sometime even years after the debtor files for bankruptcy. Our client only discovered that a judgment in excess of $86,000 had been entered against it as a result of a preference action (a suit by a debtor or its trustee […]
Carriers have recently escalated their efforts to recover demurrage claims against shippers and non‐vessel operating common carriers (NVOCCs). This places NVOCCs in a very difficult position as often NVOCCs are not able to prevent such demurrage and detention charges from continuing to accrue. For example, if Customs officials in China, India or elsewhere hold cargo for extended […]
Court Dismisses Demurrage Claim Against NVOCC
Your association may be compelled to provide confidential information to government agencies pursuant to a subpoena. How do you know that such information will not subsequently be disclosed to third parties and ultimately, the public at large, pursuant to a Freedom of Information Act (FOIA) request? While it may be impossible to guarantee that confidential information is […]
An association’s trademarks are usually among its most important assets. Nonetheless, in our practice we often find that associations are not doing everything they can to protect those valuable assets, particularly in light of the enhanced risks that arise with social media. This article briefly discusses the basics of trademark law and sets forth […]
Most employers, including associations and their members, conduct some type of criminal background check on potential employees before hiring them. It is a sound practice to do so. A recent decision by the Equal Employment Opportunity Commission (EEOC), however, highlights risks associated with conducting overzealous background screening procedures. In addition, employers relying upon credit histories of job […]
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One of the primary purposes of trade associations is for member entities to share information about common issues and problems that confront the industry or profession. Often the problems and issues raise legal concerns. These may include litigation involving individual members, which could affect the industry or profession as a whole. The types of legal […]