Features
Retiring in a Down Economy
Each case addressing the issue of retirement and its impact on support is highly fact-sensitive. The down economy's impact on such a situation serves to add an intriguing, yet extremely critical, wrinkle to the equation.
Features
News Briefs
Highlights of the latest franchising news from around the country.
Features
Graphic Health Warnings for Alcohol
Regulatory warning requirements for risky consumer products have typically taken the form of graphic, emotive and oversized health warnings that are designed to change the consumer's behavior through shock tactics and maximization of emotional impact.
Features
LILOs and SILOs: The Final Chapter?
In what may be the final chapter in the years of litigation over tax-exempt entity leasing transactions, the Circuit Court of Appeals affirmed the Federal Claims Court's decision disallowing Wells Fargo's deductions from SILO transactions.
Features
Staying Afloat Through the Flood
This article discusses key issues that companies should consider in pursuing contingent business interruption claims arising from the Mississippi River flooding.
Features
Adequacy of Insurance Limits
At a time when frugality is in vogue, risk managers acting for landlords and tenants need to be mindful of all elements that can affect the potential value of insurance coverage to be required pursuant to leasehold covenants.
Features
Retail Leasing in Tough Times
This article discusses opportunities that tenants should consider toward reducing fixed-rent costs, and obtaining more favorable lease terms.
Features
Are Lenders Becoming Less Concerned About Lender Liability?
A report on the third annual Deal Makers' Summit, a private event hosted by Chicago law firm Levenfeld Pearlstein LLC, and the boutique special situations advisory group, Fuel Break Capital Partners, Weston, CT.
Features
Foundations of a Successful Homebuilder Reorganization
The in-depth story of a successful reorganization endeavor.
Features
Good News for Lenders to Leasing Companies in Canada
U.S. lessors doing business in Canada should be aware of recent developments in Canadian case law that establish the priorities between a lessor and a funding source in a leasing transaction.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- 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.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›