The justices of the U.S. Supreme Court grappled with the question of whether a claim may be stated against a service management company for alleged securities violations of the mutual funds it sponsors. Appealed from the 4th Circuit, the case, Janus Capital Group v. First Derivative Traders, is a class action brought by shareholders who claim they received misleading information in prospectuses regarding a group of mutual funds - Janus Funds, sponsored by the Janus Capital Group, which is managed by its subsidiary Janus Capital Management (JCM).Read More »
"You live through it." Newly elected state Rep. Elizabeth Munnerlyn (D-Chesterfield, Marlboro) uses that phrase to explain how she managed to run a full-time law practice, keep up with her two young children and successfully campaign for political office over the past year. Where some politicians might be able to "put everything on hold and just campaign, I did not have that luxury," said Munnerlyn, who is a solo practitioner in Bennettsville. "You just take it one day at a time, and I found there were a lot of people who wanted to help."Read More »
Of course lawyers don't need anyone's blessing to copyright their own work. The question is, when they do, are their claimed rights enforceable? The short answer is yes, maybe. Intellectual property attorney John C. Nipp of Charlotte, N.C.-based Summa, Additon & Ashe told Lawyers Weekly that the requirements for obtaining a copyright are not strict. "It has to be a literary work in a tangible form of expression that involves some degree of creativity," he said. "Plenty of documents in the legal world meet that definition."Read More »
"Nearly two years ago, I exhorted business owners and inventors to protect their intellectual property due to - not in spite of - the depressed economy. My suggestion still stands. However, the passage of time begs this question: is intellectual property - patents in particular - incompatible with policies that trend toward such things as 'redistribution of wealth' and 'universal health care?'," Greenville attorney Bernard Klosowski writes in a guest commentary.
Tagged with: Intellectual PropertyRead More »
Robert and Susan Coake sold their Anderson property in January 2006, about a year before the housing market began its long tumble. They sold the property for $440,000 after purchasing it in 2004 from Kathleen Burt for $296,900. They enjoyed a nice profit, but in order to get it, they spent $38,390 on repairs and improvements - $10,090 of which they attributed to Burt's alleged failure to disclose certain defects in the property. The Coakes sued Burt alleging that she violated the Disclosure Act, S.C. Code Ann. § 27-50-80, by filling out a disclosure form but failing to alert them to the defects. Greenville attorney Kirsten E. Small (pictured) of Nexsen Pruet, who represented the Coakes, said the suit wasn't as much about the $10,090 as "the principle of not knowing what they were getting when they bought the house because of the disclosures."
Tagged with: Real PropertyRead More »
Buoyed by a midyear change in a state rule governing IOLTA interest rates, the S.C. Bar Foundation is enjoying the first uptick it's seen in IOLTA revenue since 2008. "We're seeing more revenues than we had last year, but in this low-interest-rate environment, it's certainly not the amount of revenues that we saw several years ago," said Shannon W. Scruggs (pictured), executive director of the foundation.
Tagged with: economyRead More »
For many of South Carolina's real estate attorneys, the most recent housing and foreclosure reports probably won't boost their holiday spirits. Home sales plummeted nearly 26 percent statewide in October compared to a year ago, according to a report by S.C. Realtors. "I've been doing this for 17 years, and this is the worst I've seen this," attorney Trey Harrell (pictured), founding member of the Chapin firm of Harrell and Martin, told Lawyers Weekly in a recent interview. Harrell said that as recently as 2006, about 80 percent of the firm's business was connected to real estate. Now, that percentage has dropped to about 60 percent, he said. "If you're relying solely on real estate, you're asking for some sad times," he said.Read More »
By DIANA SMITH, Staff Writer email@example.com The staff at McAngus Goudelock & Courie sits in green desks, but they don’t match any shade of emerald, jade, olive or lime. Instead, the desks are made of entirely recycled materials – ...Read More »
By FRED HORLBECK, Senior Staff Writer firstname.lastname@example.org A company wasn’t entitled to specific performance of an option to purchase real property occupied by a Hilton Head Island restaurant because it failed to satisfy a condition precedent, the state Supreme ...Read More »
The next time Gray T. Culbreath takes to the halls of the State House to lobby on behalf of the S.C. Defense Trial Attorneys' Association, he will be speaking as the association's new president. His top priority: "I plan to be over at the State House with other leaders of the bar advocating for judicial funding," the Columbia attorney told Lawyers Weekly.
Tagged with: General AssemblyRead More »