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%.
This article highlights several practical tips that will increase the probability that a forum selection clause will be enforced to its maximum effect.
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.
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.
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.
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.
For all employers, especially franchisors and franchisees who often utilize unique employment models, Concepcion 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.
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.
Even if a loan to a borrower is made by the Cayman Islands branch of a lender, and thus neither lender nor borrower has any "presence" in New York (other than, not atypically, lender's counsel), the parties' choice of New York law should be effective, as New York permits parties to commercial agreements involving not less than $250,000 to "agree that the law of this state shall govern their rights and duties in whole or in part, whether or not such contract, agreement or undertaking bears a reasonable relation to this state."
This article provides an in-depth discussion of the concept of common-law indemnification, using New York State to illustrate how the law has evolved in that state. Be aware that many states have their own peculiarities that must be identified at the outset of any litigation so that an appropriate strategy can be devised.
