Written by attorneys · grounded in primary & secondary sources — see below
An association of persons united for business purposes. Traditionally the term referred to a partnership but today it frequently refers to a company or law firm.
Sources & Authorities
How it applies
Common Examples
6
Deposition of Law Firm
Frontier Capital served a notice on Falcon Dynamics to take a Rule 30(b)(6) deposition. Falcon Dynamics designated its managing partner to testify about the matters listed with reasonable particularity in the notice. The designated partner appeared and answered questions based on information known or reasonably available to the firm.
Corporate Name Selection
Flora Ford and Finn Fletcher formed a new business entity. They chose the name Frontier Capital Inc. to satisfy the statutory requirement that the name contain corporation, incorporated, company, or limited or an abbreviation of one of those terms.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Dictionaries
Freya Freeman joined Foster Forge after leaving a government agency. The firm screened her from any matter involving confidential government information she had acquired and apportioned her no part of the fee from the adverse representation.
Partnership Property Presumption
Frank Fisher and Farah Fox purchased equipment using funds from their partnership account. Even though title was taken in Frank's individual name without any partnership notation, the equipment was presumed to be partnership property.
Insurable Title Requirement
Felicity French contracted to sell property to Fulton Shipping. The contract required only insurable title rather than marketable title. A reputable title company agreed to insure the title at standard rates, satisfying the seller's obligation at closing.
Limited Partnership Name
Foster Forge formed a limited partnership that was not a limited liability limited partnership. The partners selected the name Foster Forge LP to comply with the requirement that the name contain limited partnership or the abbreviation LP or L.P.
Common questions
Frequently Asked
6
How does a firm designate a witness for a Rule 30(b)(6) deposition?+
The organization must designate one or more officers, directors, managing agents, or other consenting persons to testify on its behalf about information known or reasonably available to the organization.
Supporting sources
What must a corporate name contain under the Model Business Corporation Act?+
A corporate name must contain the word corporation, incorporated, company, or limited or an abbreviation of one of those terms.
Supporting sources
When may a firm continue representation after a lawyer joins from government service?+
The firm may continue if the disqualified lawyer is timely screened from participation and receives no part of the fee from the matter.
Supporting sources
When is property purchased with partnership assets presumed to belong to the partnership?+
Property is presumed to be partnership property if purchased with partnership assets even if title is not taken in the partnership name or with any indication of partnership capacity.
Supporting sources
What is the difference between marketable title and insurable title?+
Marketable title satisfies the strict common-law standard while insurable title is a lower standard met when a reputable title insurer will issue a policy at standard rates.
Supporting sources
What name requirement applies to a limited partnership that is not an LLLP?+
The name must contain the phrase limited partnership or the abbreviation LP or L.P. and may not contain the phrase limited liability limited partnership or the abbreviation LLLP or L.L.L.P.
Supporting sources
376 U.S. 254 (1964)Remedies
…action against the four individual petitioners, who are Negroes and Alabama clergymen, and against petitioner the New York Times Company, a New York corporation which publishes the New York Times, a daily newspaper. A jury in the Circuit Court of Montgomery County awarded him damages of $500,000, the full amount claimed,…