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Features
The two-part article, titled 'Braving Tempestuous Times ' Hell-or-High-Water Obligations Maintain Their Viability Despite Leasing Scams and a Troubled Economy,' which appeared in the February and March 2010 editions of this newsletter, discussed several recent court decisions that ruled on the enforceability of hell-or-high-water obligations and waiver-of-defenses provisions in leases and accounts receivable financings. This article provides further elaboration of issues raised by two of these cases.
Features
In ordinary economic times, the most common deficiency in applications for judgment by confession is the failure to include sufficient detail concerning the basis for a judgment. Recently, however, the pendulum has swung in the opposite direction. Instead of providing insufficient detail, attorneys have been filing exceedingly complex applications based on sophisticated and voluminous commercial transactions, many of which have been denied because, in short, they are too complicated.
Features
This article covers several vessel-leasing-related topics that have increasing prominence in today's world, including: ship recycling issues; the increasing tendency to treat environmental events as criminal; Section 1110 of the Bankruptcy Code; and piracy.
Features
Despite common assumptions that today's environmental concerns stem from automobile emissions and industrial pollution, buildings actually have a comparably greater impact on the planet's environmental dilemma. Here's why going green helps developers and owners alike.
Features
Highlights of the latest franchising cases from around the country.
Features
This article raises the issue of whether it is now appropriate to reevaluate some of the primary provisions ' both business and legal 'of REAs.
Features
So many contracts contain the phrase "in accordance with generally accepted accounting principles," but do lawyers really understand what this phrase means or how it may affect a client in any given contract?
Features
On March 2, 2010, the U.S. Supreme Court unanimously held that a franchisee that stays in business cannot sue for constructive eviction under the Petroleum Marketing Practices Act. The Court also decided that a franchisee waives its constructive nonrenewal claim when it enters into a renewal agreement.
Features
Taxpayers with unreported foreign bank accounts are sweating bullets these days. The IRS is in the midst of an unprecedented crackdown on foreign bank accounts.