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Many of us have participated in mediation as a party or counsel. Perhaps it was a simple action against a lessee for default of a lease, a claim by a lessee that the leased equipment failed to perform, an action against a vendor or a claim that a lender failed to provide agreed-upon funds. Some have served as the mediator. I have filled all of these roles, serving countless times as counsel, as a mediator and, unfortunately, as a party. Others have heard of mediation, but have never participated. Still others have never heard of mediation, or confuse it with arbitration. This article discusses what mediation is, what happens at mediation, why mediate, what to look for in a mediator, and how mediation is an underused tool in the equipment leasing field.
What Is Mediation?
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.