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Articles Posted in Commercial Litigation

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COVID-19 Court Ruling and Business Interruption Insurance

Business interruption losses and COVID-19 after Friends of Danny Devito, et. al v. Tom Wolf, Governor of Pennsylvania, 2020 WL 1847100 (PA, April 13, 2020) by Michael F. Pezzulli Business owners, you may actually have insurance coverage for COVID-19 losses. If you are a business owner with insurance coverage, the…

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Pezzulli Presents State Bar of Texas Webinar: Parallel Prosecution

Michael Pezzulli conducted a live webinar for the State Bar of Texas on a popular topic, “Criminal Law and Civil Litigators: A Review of Three Little Known Federal Statutes and Parallel Prosecution” in March 2019. Attorneys with civil audit cases with a potential risk of criminal prosecution need to be…

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The Great Razor Wars: How long should a razor blade really last?

by Michael Pezzulli You don’t have to wait on the razor wars to end to have a sharp blade. I’m sure most of you have seen the great ongoing patent litigation war between Gillette – of the consumer products giant Procter & Gamble – and the Dollar Shave Club. Gillette…

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Cash Is King … Sometimes

by Michael Pezzulli The phrase “Cash is King” evokes warm feelings from most people in the business world. However, anyone engaged in business must understand that failing to follow the rules imposed by the U.S. federal government will create a situation where cash is definitely not king. How you handle…

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Where Have All the Gunslingers Gone?

by Michael Pezzulli1 In the United States, one of the great defining aspects of this country is the constitutional right to a jury trial. Nearly all-civil jury trials and ninety percent of criminal jury trials on the planet take place in the United States.2 The most stunning and successful experiment…

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Patent Trolls and The Innovation Act

by Michael Pezzulli1 In an earlier article, I discussed why Patent Trolling has been problematic for so many in the patent ecosystem. Fortunately, help may be on the horizon. Currently there is a bill in the U.S. Congress called the “Innovation Act.”2 The Innovation Act is significant in that it…

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The New Plague, Patent Trolls

by Michael Pezzulli 1 Trolls can be first seen in Norse folklore, focused mainly in the early Scandinavian countries that the Vikings had total control over—such as Norway and Sweden. The word “troll” actually evolved over time and wasn’t the first name of this type of creature. In the Scandinavian…

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An Ill Wind Blows Into Town: U.S. Supreme Court Rules State Courts Have Concurrent Jurisdiction Over RICO Claims

By Michael F. Pezzulli Discussion of the U.S. Supreme Court decision relating to concurrent jurisdiction in Racketeer Influenced Corrupt Organizations (RICO) claims. Presented to Dallas Bar Association, Business Litigation Section. Federal courts are turning increasing attention to the continuity of the pattern of racketeering activity. The United States Supreme Court…

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Presenting Evidence in Texas Litigation: Tactical Use of Discovery and Claims of Privilege As a Sword and a Shield

By Michael Pezzulli and Charles J. Fortunado Advanced Evidence and Discovery: Presented to the State Bar of Texas An uncritical reading of the various opinions dealing with the use of discovery in litigation as “a sword and a shield” might conclude that it cannot be done. Notwithstanding the substantial body…

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We’ll Know It When We See It: Good Cause for Failure to Supplement Discovery Texas Rules of Civil Procedure

By Michael Pezzulli and Charles J. Fortunado How to admit or exclude evidence in Texas litigation when not disclosed to the client in a timely manner: Advanced Evidence and Discovery Course presented to The State Bar of Texas. An uncritical reading of the various opinions dealing with the use of…

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