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Casellas Alcover & Burgos, P.S.C. on Puerto Rico Law 75: Has the bar been raised for a distributor to prove exclusivity?

http://cabprlaw.blogspot.com/2014/04/has-bar-been-raised-for-distributor-to.html

Casellas Alcover and Burgos, P.S.C. on Puerto Rico Law 75. Tuesday, April 1, 2014. Has the bar been raised for a distributor to prove exclusivity? After it had been relatively clear in the jurisprudence that the traditional requirements for preliminary injunctive relief do not apply automatically in Law 75 cases, in light of the policies served by the Act, in Next Step Medical v. Bromedicon, CC-2012-0647 (Mar. 6, 2014). Labels: preliminary injunctions; exclusivity. Subscribe to CAB on PR Law 75. Founding...

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Casellas Alcover & Burgos, P.S.C. on Puerto Rico Law 75: Say Cheese: is written corroboration needed for exclusivity?

http://cabprlaw.blogspot.com/2014/04/say-cheese-is-written-corroboration.html

Casellas Alcover and Burgos, P.S.C. on Puerto Rico Law 75. Saturday, April 26, 2014. Say Cheese: is written corroboration needed for exclusivity? In Distribuidora VW, Inc. v. Old Fashioned, Inc., 2014 WL 1309955 (D.P.R. March 31, 2014)(J, García-Gregory),. Compelled the conclusion that the Commerce Code required written corroboration of all the essential elements of a contract and there was no evidence to corroborate a written exclusivity appointment. Not so fast, retorted the District Court. Gar...Casel...

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Casellas Alcover & Burgos, P.S.C. on Puerto Rico Law 75: AAA amends the Commercial Arbitration Rules and Mediation Procedures, effective October 1, 2013

http://cabprlaw.blogspot.com/2013/09/aaa-amends-commercial-arbitration-rules.html

Casellas Alcover and Burgos, P.S.C. on Puerto Rico Law 75. Tuesday, September 10, 2013. AAA amends the Commercial Arbitration Rules and Mediation Procedures, effective October 1, 2013. There are new rules governing the preliminary hearings with a checklist of topics to be addressed by the parties and the arbitrator(s). P-1-2. New rules include the duty of the parties to disclose conflicts with the arbitrator(s) and failure to disclose may constitute a waiver to later object. O with the ability to put bou...

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Casellas Alcover & Burgos, P.S.C. on Puerto Rico Law 75: An employee must abide by a trade secrets injunction but is free to compete and solicit his former employer’s clients

http://cabprlaw.blogspot.com/2014/01/an-employee-must-abide-by-trade-secrets.html

Casellas Alcover and Burgos, P.S.C. on Puerto Rico Law 75. Thursday, January 2, 2014. An employee must abide by a trade secrets injunction but is free to compete and solicit his former employer’s clients. As shown by American Paper Corporation v. Irizarry, 2013 WL 5522747 (TCA Aug. 9, 2013). Subscribe to CAB on PR Law 75. CAB is a proud sponsor of Proyecto Inocencia, a non-profit youth movement to create social conscience over the value of human life and the plight of crime victims. Justice Department as...

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Casellas Alcover & Burgos, P.S.C. on Puerto Rico Law 75: The Supreme Court of Puerto Rico grants certiorari to review important questions of contractual interpretation arising from an order granting a preliminary injunction under Law 75

http://cabprlaw.blogspot.com/2014/12/the-supreme-court-of-puerto-rico-grants.html

Casellas Alcover and Burgos, P.S.C. on Puerto Rico Law 75. Monday, December 22, 2014. The Supreme Court of Puerto Rico grants certiorari to review important questions of contractual interpretation arising from an order granting a preliminary injunction under Law 75. The Court has decided to review another case granting a preliminary injunction under Law 75. In an earlier case, Next Step. Consolidated Nos. CC-2014-772, CC-2014-773, cert. granted,. 2014 WL 3831632 (TCA June 30, 2014). Carla Loubriel, CAB&#...

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Casellas Alcover & Burgos, P.S.C. on Puerto Rico Law 75: Federal Court in Massachusetts grants to the Dunkin’ Donuts franchisor a preliminary injunction for trademark infringement and enjoins the Puerto Rico franchisees from prosecuting a subsequ

http://cabprlaw.blogspot.com/2014/10/federal-court-in-massachusetts-grants.html

Casellas Alcover and Burgos, P.S.C. on Puerto Rico Law 75. Monday, October 20, 2014. Federal Court in Massachusetts grants to the Dunkin’ Donuts franchisor a preliminary injunction for trademark infringement and enjoins the Puerto Rico franchisees from prosecuting a subsequent federal action brought under Law 75. No 14-2002 (CTA 1),. Labels: injunction;trademark infringement; Law 75 contracts. Subscribe to CAB on PR Law 75. Casellas Alcover and Burgos, P.S.C. ABA Journal Blawg Directory. Agricultura sinó...

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Casellas Alcover & Burgos, P.S.C. on Puerto Rico Law 75: During 2013, local intermediate appellate courts remained active in Law 75 cases

http://cabprlaw.blogspot.com/2014/01/during-2013-local-intermediate.html

Casellas Alcover and Burgos, P.S.C. on Puerto Rico Law 75. Thursday, January 2, 2014. During 2013, local intermediate appellate courts remained active in Law 75 cases. In Marchosky Kogan v. Antillas Marketing, 2013 WL 5522664 (TCA Aug. 20, 2013). The local appellate court affirmed the dismissal of a tortious interference and damages action finding just cause under Law 75 for termination of a sub-distribution agreement. Abstaining under Colorado River. Labels: Law 75 contracts. ABA Journal Blawg Directory.

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Casellas Alcover & Burgos, P.S.C. on Puerto Rico Law 75: What could be more straightforward? A mandatory arbitration clause in a written distribution agreement governed by Law 75 is enforceable despite the distributor’s alleged but unproven finan

http://cabprlaw.blogspot.com/2014/10/what-could-be-more-straightforward.html

Casellas Alcover and Burgos, P.S.C. on Puerto Rico Law 75. Thursday, October 23, 2014. What could be more straightforward? A mandatory arbitration clause in a written distribution agreement governed by Law 75 is enforceable despite the distributor’s alleged but unproven financial incapacity to arbitrate. We all should know by now the importance of federal arbitration policy to respect arbitration agreements as written and get cases out of court. So what could be the distributor’s objection to a...The ans...

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Casellas Alcover & Burgos, P.S.C. on Puerto Rico Law 75: Are franchise agreements protected by Law 75? Is there room for Law 75 to be used as a shield in summary eviction and lender's liability cases?

http://cabprlaw.blogspot.com/2015/02/are-franchise-agreements-protected-by.html

Casellas Alcover and Burgos, P.S.C. on Puerto Rico Law 75. Monday, February 2, 2015. Are franchise agreements protected by Law 75? Is there room for Law 75 to be used as a shield in summary eviction and lender's liability cases? 2013 WL 3356669 (TCA 2013), and yes, the bakery shop franchisee. This case raises interesting questions of the extent to which Law 75 can be used as a shield in summary eviction or lender's liability cases. Author's note: This holding opens the door to an argument by the franchis...