Having negotiated and drafted supply contracts throughout the United States and Canada, as well as other parts of the world (with the help of local counsel), the author has observed that the key legal issues are usually the same. Four of the most fundamental are: 1) getting paid; 2) warranties; 3) indemnities; and 4) limitations of remedies.
With the extension of the full suite of federal incentive programs for wind energy projects — this year with increased depreciation benefits — and tax equity still elusive, well-structured sale leaseback transactions may continue to help wind projects get financed.
A federal jury has rejected Mattel Inc.'s claims that MGA Entertainment Inc. stole the idea for the wildly profitable Bratz dolls, and instead awarded $88.5 million to MGA for trade secrets theft by Mattel.
A federal jury has rejected Mattel Inc.'s claims that MGA Entertainment Inc. stole the idea for the wildly profitable Bratz dolls, and instead awarded $88.5 million to MGA for trade secrets theft by Mattel.
Many experienced matrimonial lawyers have not yet been trained in the collaborative process. However, many litigators have learned that the language of collaboration will serve them admirably in their work and will enhance the outcome for their clients positively.
The U.S. Senate has "quietly" ratified two important international conventions. This article discusses what effect they will have on statutes in the U.S. that affect family support and international custody orders.
A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Like poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.
In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
In a recent case from the Bankruptcy Court for the District of Delaware, In re Paragon Offshore PLC, the bankruptcy court provided guidance on whether a post-plan effective date litigation trust's distributions constituted disbursements subject to the U.S. Trustee fee "tax."
