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Supreme Court Deadlock over Spousal Guaranties Will Continue to Affect Costs of Equipment Financing
This article is a follow-up to my September, 2015, review of best practices for obtaining spousal guaranties in equipment financing transactions in light of the Supreme Court's decision in Hawkins v. Community Bank of Raymore . See “Supreme Court to Focus Legal Spotlight on Spousal Guaranty Issues: Lenders Should Make Sure They Are Prepared,” http://bit.ly/1TdT54L.
Since Justice Scalia's death, for the first time the Supreme Court deadlocked in a 4-4 decision involving a claim under the Equal Credit Opportunity Act (ECOA) on the issue of whether spousal guarantors have the same rights and protection that their applicant spouses are given by the ECOA. The Supreme Court's deadlock leaves the circuit split on this issue between the U.S. Courts of Appeal for the Sixth and Eighth Circuits intact. As a consequence, equipment lessors and lenders need to be aware of the patchwork state of the law and federal law, and the potential ramifications on their credit and collection decisions and issues of lender liability.
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.
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.
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.
One Overlooked Element of Executive Safety: Data Privacy
Executives have access to some of the company's most sensitive information, and they're increasingly being targeted by hackers looking to steal company secrets or to perpetrate cybercrimes.