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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.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.