The U.S. Bankruptcy Appellate Panel for the Eighth Circuit held on March 25, 2013, that a lender "lost its possessory lien when it turned the Debtor’s account funds over to the Trustee without first seeking adequate protection." Read More...
One subject not getting near enough attention is the role IT financing will play as companies migrate to the cloud in a bid to save costs and bring added flexibility to their business models. Read More...
This article discusses the priority issues that can arise where three or more creditors claim a security interest in the same collateral and a recent Seventh Circuit case, Caterpillar Financial Services v. Peoples National Bank, that addresses this infrequently adjudicated problem. Read More...
In a case that has far-reaching ramifications because of the exponential expansion of cyberspace in general, and because of the growth of e-commerce in particular, the New York Court of Appeals has rejected challenges by two major online retailers to New York’s “Internet tax,” which requires collection of a sales tax on online purchases made by New York residents. Read More...
Court Torpedoes Viacom’s Lawsuit Against YouTube
Viacom failed again to persuade a U.S. district judge to let it proceed with its massive copyright infringement suit against YouTube and parent company Google. Read More...
Cutting-Edge Case Developments in Film & TV Law
Current Issues in Music and Entertainment Law Read More...
The authors’ previous article, in the March 2013 issue of Entertainment Law & Finance, considered differences between copyright regimes in the United Kingdom and the United States. This article highlights some of the principal differences between UK and U.S. contract law. Read More...
Obituary for Ira Marcus. Read More...
Highlights of the latest franchising news from around the country. Read More...
Highlights of the latest franchising cases from around the country. Read More...
Proposed franchise legislation featured prominently in "An Agenda for Justice," a report recently released by the British Columbia Branch of the Canadian Bar Association. Read More...
This article discusses the important lessons that buyers, sellers and their professional advisers seem to have drawn in the last few years with respect to private equity's involvement in franchising. Read More...
Publishers frequently charge different prices in foreign markets, and they have argued that allowing unrestricted importation threatens that practice. In March, the Supreme Court squarely addressed this issue for the first time in John Wiley & Sons Inc. v. Kirtsaeng and held that the first-sale doctrine does in fact apply to copies made overseas and, as a result, these copies could be purchased in foreign markets and legally resold in the United States. Read More...
Highlights of the latest equipment leasing news from around the country. Read More...
A lender’s right to recover a make-whole premium as part of its allowed claim in a bankruptcy case has been the subject of considerable judicial debate over the past number of years, with some courts allowing recovery and others denying it. Earlier this year, the U.S. Bankruptcy Court for the Southern District of New York added to the debate by denying bondholders the right to payment of a make-whole premium in connection with the debtor’s refinancing of the bond debt. Read More...
Are the imperatives of innovation and compliance always mutually exclusive? This article explores these very different but perhaps not always incompatible concerns. Read More...
As many practitioners have found, taking a client’s standard-form equipment lease and creating an equipment finance agreement is more complicated than it appears. Read More...
Companies should carefully examine their insurance programs, evaluate what coverage already may be available, and see what may be done to enhance the available coverage. To the extent that there may be gaps in available coverage, companies should consider how those gaps can be filled, including through specialty "cyber" risk policies. Read More...
Few courts have considered the issue of whether post-repair diminution in value damages are recoverable under a commercial property policy. Read More...
DC Comics Denied Sanctions in Superman Copyright Dispute
The U.S. District Court for the Central District of California, although “deeply troubled” by his behavior, refused to sanction prominent entertainment attorney Marc Toberoff for alleged discovery violations during his lengthy court battle over the rights to Superman. Read More...
Thursday, June 6, 2013
12 pm - 2 am Eastern Time
When negotiating a long-term lease, the landlord and the tenant should specifically agree upon the condition that the premises will be in at the time of delivery by the landlord to the tenant. Too often phrases such as "vanilla box," "warm vanilla box" and "as-is condition" are utilized by leasing representatives to describe generically the condition that the premises will be in at the time of delivery. However, the differences between what each party means by those terms can be dramatic. By specifically addressing the condition of the premises, landlords and tenants may avoid costly disputes once the lease has been executed and the landlord delivers the premises. This article addresses the terminology and the common pitfalls associated with the terms "vanilla box," "warm vanilla box" and "as-is condition."
In a three-part series in The Matrimonial Strategist (appearing in March, 2006, June, 2006, and March, 2007), Curtis Romanowski, a member of this newsletter’s Board of Editors, described and promoted parenting coordination “as a means for dealing with high conflict families involved in domestic relations proceedings before courts.” I applaud the efforts of those who have devoted significant time, energy, and, in some cases, funds, to trying to find ways in which to assist families in the difficult process of post-divorce adjustment, but parenting coordination has drawbacks that must be constructively addressed.
Follow us