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Several courts have recently held that an insured bears the burden of demonstrating proper exhaustion of underlying policies, including where multiple policies are involved in a settlement. These decisions have prevented insureds from accessing millions of dollars in excess coverage based on the unambiguous exhaustion language included in the operative excess policies.
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What happens in New York when in the absence of a CPL, the attorney to whom the lender forwarded the funds that were intended to fund a mortgage, misappropriates the lender's funds? Two cases are directly on point.
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The Equipment Leasing & Finance Foundation has released the fourth quarter update to its 2012 Equipment Leasing & Finance U.S. Economic Outlook, which projects growth in equipment and software investment for 2012 at 6.7%, down from the 2011 growth rate of 11%.
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This article highlights several practical tips that will increase the probability that a forum selection clause will be enforced to its maximum effect.
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This article considers what might happen to a secured claim if the creditor fails, or elects not, to participate in its debtor's bankruptcy case.
Features
Over the past 12 months, China has begun to transition from a business tax ("BT") system to a Value Added Tax ("VAT") system using Business to Value Added ("B2V") pilot programs. These B2V pilot programs have been introduced in Beijing and Shanghai for certain industries, including legal consulting services.
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Courts have generally interpreted "civil authority" provisions as requiring that access to the insured premises must be made impossible and have consistently resisted attempts by insureds to expand coverage to situations where access to the insured premises is merely made inconvenient.
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In the years since the Paramount/Loew's decree was issued, antitrust law has evolved, giving greater flexibility to manufacturers and distributors in granting territorial or customer exclusivity.
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For all employers, especially franchisors and franchisees who often utilize unique employment models, <i>Concepcion</i> and the cases interpreting it provide valuable lessons. Businesses have been given a road map for every contractual agreement in which arbitration provisions might appear, and the signposts point to fairness.
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The U.S. Court of Appeals for the Eighth Circuit recently held that equitable considerations could not prevent a creditor's recouping of amounts owed to it by a Chapter 7 debtor.