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In The Marketplace
Injunction Sought Against Leasing Companies: The putative plaintiffs in the class action lawsuit brought against various telecommunications leasing companies who were assignees of leases and equipment rental agreements entered into between individuals and businesses and the telecommunications company Norvergence, Inc. have moved for a preliminary injunction against the lease assignees. The injunction seeks to enjoin the assignees from enforcing any equipment rental agreements assigned to them by Norvergence, or from commencing suit against Norvergence customers for payments under the leases. They are attempting to certify a nationwide class of those persons and entities who leased telecommunication and/or network computer equipment from Norvergence, which then assigned its leases to various leasing companies. The lawsuit alleges that the leases violated various state and federal statutes including the Consumer Fraud Act, the FTC Holder Rule, the Truth-in-Consumer Contracts, Warranty & Notice Act, and that the leases constitute breaches of contract, and breaches of implied and express warranty. The suit seeks cancellation of the leases, disgorgement of lease payments and a declaratory judgment concerning the unenforceability of the leases. It names approximately 26 lease financing companies as defendants.
Interim Rules Freeze Rates for Phone-Network Leasing: U.S. communications regulators have issued interim rules that would freeze for 6 months the wholesale rates for leasing access to the major U.S. local telephone networks. The Federal Communications Commission had required the four major local telephone carriers to lease network access to rivals at government-set rates in order to promote competition for local service, but an appeals court in March threw out the rules. The FCC has been trying to draft new regulations and in the interim ordered the Bells to keep the rates at the current prices while final rules were hashed out. The Bells had argued that the prices set were below cost. The agency voted 3-2 for the new rules in July, but the details were not released until August 20.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.