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Brican Equipment Lease Litigation
A federal district court's recent summary judgment decision in In re: Brican America, LLC Equipment Lease Litigation, 2013 WL 3967920 (S.D. Fla. Aug. 1, 2013), appears to be a mixed bag for vendor finance companies. In Brican, a high-profile multi-district litigation arising out of alleged equipment lease fraud, the court both granted in part and denied in part, a lessor's motion for summary judgment on what the court termed the “jugular” issue in the case. Those issues involved the interplay between standard “hell or high water” provisions contained in the applicable lease agreements and “Cancellation” clauses inserted into contemporaneous “Marketing Agreements” between the vendor and its customers. The court's decision provides a learning opportunity for vendor finance companies.
Factual Background
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.