Articles Tagged with litigation

Published on:

Licensing disputes between companies are more common these days, especially with the proliferation of technology and increased computer software usage. Progressive Casualty Insurance Company (Progressive), a well-known provider of auto insurance, recently sued Pitney Bowes (Pitney), which had acquired a company that previously signed a site license agreement with Progressive. California businesses that are embroiled in licensing disputes of their own may find this case interesting. The claim was filed in a U.S. District Court in the Midwest.

The software license in dispute was reportedly first reached in 1991, back before use of the Internet became widespread. The license covered applications then sold by LPC (the company Pitney later acquired); applications which were used to assist in functions associated with finalizing mailing addresses for current and potential customers, along with other tasks.
Continue reading

Published on:

Many smaller community banks have been accusing larger financial institutions of walking all over them, especially over the past few years. Some of them appear to be using the latest Wall Street scandal as an opportunity to level the playing field between community banks and larger chains. One of the big sticking points between the two groups has been allegations that the larger banks have manipulated interest rates to an artificially set low. Now, at least one community bank is striking back against several larger banks in a business litigation suit. California bankers may want to keep an eye on this case as it unfolds.

The community bank in question recently filed a lawsuit against J.P. Morgan Chase and Company, Bank of America Corp., Citigroup Inc. and other major banks. It accuses them of engaging in collusion to set those artificially low rates. The community bank claims that larger banks manipulated the benchmark London interbank offered rate, also known as Libor. The Libor is reportedly decided in London by the world’s biggest banks. It has a far-reaching impact on the world, since it is used to set interest rates for consumer debt — including things like credit cards, student loans and home mortgages.
Continue reading

Published on:

An interesting business litigation suit alleging cybercrime fraud has been settled for a reported $600,000 before the case could proceed to trial. In this California business litigation case, the California small business Village View Escrow alleged that their banking institution failed to enact appropriate levels of security to protect their online banking system. According to Village View Escrow, Professional Business Bank was thus liable for the alleged electronic siphoning of approximately $466,000 from Village View’s bank accounts which then ensued.

Unfortunately, cybercrime fraud like this appears to be a booming industry. It can be difficult, though by no means impossible, for small businesses like Village View Escrow to hold larger financial institutions liable for damages in alleged cybercrime cases like this one. Typically, it seems that laws are written to favor financial institutions, however as this case appears to demonstrate, small businesses can prevail in business litigation suits and gain settlements that reimburse them for damages suffered due to electronic fraud.
Continue reading

Published on:

The Americans Disabilities Act, or ADA for short, has been in effect for decades. While it was created to ensure that those with disabilities are able to visit businesses with ease and in comfort, it has cast a much wider net as the years have passed. The use of lawsuits to force compliance even after a small business has done its best to fulfill all requirements often leads to a need for business litigation in California and across the county.

In 2008, the owner of an auto center in Roseville was provided with a letter stating that he was not compliant with current ADA laws. He immediately sought legal advice. It turns out he was not compliant, but made the necessary changes so that he was — special outside table, proper signage and a parking space. With the changes made, the owner figured this was the end of the issue.
Continue reading