Features
Equitable Subordination Attacks on Secured Lenders
This article discuss two recent cases involving equitable subordination in bankruptcy that should inform the conduct of lenders when dealing with financially deteriorating borrowers, especially in such matters as credit facility amendments, forbearance agreements and providing additional financing.
Features
Leasing Wind Power Facilities: A New Reality
Leasing has appeared on the national stage as a potentially viable, though complex, type of financing for wind energy facilities, with its successful use in two large utility scale projects and one community wind project.
Features
Court Watch
Highlights of the latest franchising cases from around the country.
Features
The ABA Consumer Protection Conference
On Feb. 3 the American Bar Association held its Consumer Protection Law Conference, sponsored by the Section of Antitrust Law. Why should franchise systems' ears prick up? For starters, savvy franchisors should understand the larger consumer protection context in which their principal federal regulator operates — especially when most of the top decision-makers show up.
Features
Hotel Franchises Face Rising Bed Bugs Claims
For lodging industry franchises, bed bugs are a business challenge and a potential source of litigation.
A ROLL OF NICKLES AND A PHONE BOOTH
From major corporations, and both small and large public relations firms, comes a stream of so-called releases and other material that's so inept, and so primitive, that you must ultimately realize that those who do it right must have a vast array of skills, talents and imaginative energy. It must be difficult, because how could it be simple when so many people do it wrong? And of course, the client pays the high price of doing it wrong.
Features
Ponzi Schemes, Settlement Agreements and the Mutual Mistake
During the current economic downturn, many people have unfortunately discovered that they have been the victims of sharp dealers and their Ponzi schemes. That means that some divorced couples and their attorneys now have one more thing to worry about.
Features
Advocacy in ADR
The author continues this month with his discussion of tips for attorneys presenting medical malpractice cases in alternative dispute forums.
Features
Update: Courts Still Split on HIPAA and Ex Parte Physician Interviews
Early last year, the author discussed in this publication three decisions from lower courts that had the potential to greatly impact and shape the emerging landscape of the HIPAA <i>ex parte</i> interview debate. The discussion continues herein.
Features
Tax Ramifications and Costs in Equitable Distribution
The recent Pennsylvnia Superior Court case of Balicki v. Balicki has sent shock waves throughout the family law community. Here's why.
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MOST POPULAR STORIES
- The 'Sophisticated Insured' DefenseA 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.Read More ›
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- Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric CodeIn 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.Read More ›
- The New York Uniform Commercial Code Comes of AgeParties in large non-consumer transactions with no connection whatsoever to New York often choose its law to govern their transactions, and New York statutes permit them to do so. What most people do not know is that the New York Uniform Commercial Code is outdated.Read More ›