The general rule in Wisconsin is: (a) 　Courts will literally interpret unambiguous contracts; and (b) extrinsic evidence will be used to interpret ambiguous contracts. A recent appellate court decision applied this general rule with respect to noncompete agreements holding that the trial court's finding that the noncompete was ambiguous was, without additional findings, not enough to find the agreement unenforceable. See
Is an employee who enters into a settlement agreement with an employer entitled to the same protections of statutes that place restrictions on how broad a noncompete can be? A recent Virginia opinion says no. See http://scholar.google.com/scholar_case?case=7181310524699665420&hl=en&as_sdt=2&as_vis=1&oi=scholarr
The music industry has taken two routes to stop illegal music downloading: sue the consumer and sue the peer-to-peer (P2P) sites that make the downloading possible. The most recent of the latter occurred when the Recording Industry Association of America (RIAA) sued LimeWire and was granted a judgment of $105 Million. The complaint had asked for $150,000 per incident for the 11,000 illegal downloads which were claimed.
Prior to this determination of damages, a judge had ruled that the RIAA was entitled to an injunction, stopping LimeWire from operating, since to permit further operations would cause "irreparable harm" to the RIAA.
Continue Reading...The recent recession and real estate bust has left many with property that is "upside down." By that, I mean that more is owed on the property than what it is worth. This means that there is no longer any positive equity in the property.
Sometimes owners of such upside down property cannot afford to continue payments on such properties. Ordinarily, they would face foreclosure. Short sales are an alternative to foreclosure.
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