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"We have no ability or right to suspend or revoke their licenses," Finamore said.

Also includes links to selected real-world contract forms. The INCOTERMS® are "a series of pre-defined com­mer­cial terms published by the International Chamber of Commerce (ICC) [that are] widely used in international commercial transactions …. the purpose of corroboration [is] to prevent fraud, by providing independent confirmation of the [witness's] testimony." See Sandt Technology, Ltd. Resco Metal & Plastics Corp., 264 F.3d 1344, 1350 (Fed. 2001) (affirming relevant part of summary judgment; internal quotation marks and citation omitted). (b) Except as otherwise stated below, for information to be considered Confidential Information, the information must: (1) be set forth (or summarized) in tangible form (including for example an electronic storage device); and (2) be marked with a reasonably-prominent, visually-readable notice such as (for example) "Confidential information of [name]" or "Subject to NDA." In assessing whether a disclosing party in fact maintained particular information in confidence, a court very likely will give significant weight to whether the disclosing party caused the information to be marked as confidential. In many situations, these "standard" precautions are likely to satisfy the disclosing party's desires, but for some types of Confidential Information, a disclosing party might want to insist on special precautions — especially in the era of criminal hackers, and even state actors, breaking into insufficiently-secure computer systems and stealing valuable information, such as happened to Sony Pictures Entertainment, allegedly at the hands of North Korea, and to Home Depot, which booked a charge of 1 million after a 2014 theft of customers' credit-card data. (1) will not waive or otherwise affect the Disclosing Party's ability to enforce its other intellectual-property rights (for example, copyrights and patents) against the Receiving Party except to the extent, if any, that the parties expressly agree otherwise in writing; and (2) will not affect any obligation of confidentiality imposed by law.

Please visit our Current Investigations to view some of our current case investigations. Audet was appointed lead counsel in a case involving recall of certain of defendants’ toy products. Attorneys from Audet & Partners, LLP served as Plaintiffs’ Counsel in this stockholder’s derivative action brought on behalf of Sybase against certain of the Company’s present and former officers and/or directors for insider trading.

To download a copy of our firm’s resume click here. 03-209, United States District Court, District of New Jersey. Audet and Michael Mc Shane served as Court-appointed Class Counsel with pending 0 million settlement involving a defective radiant heating system. 1817, pending in the United States District Court, Eastern District of Pennsylvania. Despite the fact that the company declared bankruptcy, lead counsel William M. Audet of the firm serves as one of the Plaintiffs’ Class Counsel in a securities case filed against New Mexico-based Horizon Corporation for alleged violation of federal securities laws. Shareholders sued directors and officers to recover more than 0 million Defendants made by artificially inflating the company’s stock, representing that exceptional demand for the company’s products existed.

Audet & Partners, LLP partner Michael Mc Shane serves as Court appointed co-lead counsel on behalf of plaintiffs in a nationwide class action involving claims of a defective roofing product. Audet was appointed on of the Co-Lead Class counsel in a case involving recalled pet food. Audet was appointed lead counsel in a case involving recall of a well known toy product and was directly involved in the negotiations and class-wide resolution that provided for full refunds for class members, as well as other relief. Audet and his co-counsel were able to obtain relief and compensation for class members. , CV765564), Santa Clara County Superior Court, California. In fact, the company’s shipments of CD-ROM controllers far exceeded what the market could absorb.

Imagine that a German widget manufacturer and an American customer are negotiating an order. "This corroboration requirement for testimony by an interested party is based on the sometimes unreliable nature of oral testimony, due to the forgetfulness of witnesses, their liability to mistakes, their proneness to recollect things as the party calling them would have them recollect them, aside from the temptation to actual perjury." Trans Web LLC v. See, e.g.: At all times during the Confidentiality-Obligation Period, the Receiving Party must not disclose, use, or copy Confidential Information, in whole or in part, except as expressly provided in the Agreement. A receiving party likely would not want to take on the higher burden of entering into a fid­u­ci­a­ry relationship with the disclosing party.Webb's case was thrown out of federal court; Robertson entered a guilty plea in federal court.Four Face Federal Charges at Penn National The Rojas indictment alleges that she obtained winnings totaling ,360 from the 11 races in which it is alleged she directed the administration of prohibited substances to her horses.Instead, they likely will "order from the menu" of the INCOTERMS 2010 publication: By specifying a standardized three-letter abbreviation — DDP, EXW, or whatever — the parties can quickly signal which of that publication's pre-defined terms and conditions they wish to use. This provision uses a prudent-measures standard instead of an absolute obligation. Disclosing parties will normally be reluctant to agree to a fixed confidentiality period. (b) IF: The Disclosing Party makes a seasonable written request following any termination or expiration of the Agreement; THEN: except as provided in sections 6.1.3.8 and (if applicable) 6.2.22, the Receiving Party will promptly: (1) return Specimens of Confidential Information to (i) the Disclosing Party, or (ii) another individual or organization designated in writing by the Disclosing Party; and (2) subject to sec­tion 6.1.3.9 (if applicable), destroy any Specimens not returned.In the same vein, to save time, contract drafters (and reviewers) can consider incorporating selected Common Draft sections, or even entire contract drafts, by reference and specifying any desired variations or modifications — this could be thought of as "drafting by exception" or even as like INCOTERMS on steroids.* * For clarity: The Common Draft project is not sponsored, endorsed by, or otherwise associated with the International Chamber of Commerce, which produces the INCOTERMS® 2010 rules. That's because doing so can result in destruction of the disclosing party's trade-secret rights in its confidential information after the end of the confidentiality period. An obligation to return or destroy Confidential Information might not be practical if (for example) Confidential Information is embodied in a deliverable (for example, custom-developed computer software, or a physical object) that the receiving party will have the right to keep on using; this might be the case in a services agreement.