Features
How the Recession Has Complicated Judgments By Confession
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
Update on Vessel Leasing Issues
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
Sustainable Development
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
Court Watch
Highlights of the latest franchising cases from around the country.
Features
Reasons to Reevaluate REAs
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
Understanding GAAP
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
Constructive Termination and Constructive Nonrenewal Claims
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
Minimizing Penalties for Unreported Foreign Bank Accounts
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.
Features
Defending the Preference and Fraudulent Transfer Safe Harbor
Last month, we discussed the fact that the The Bankruptcy Code ("Code") has at least nine so-called "safe harbor" (i.e., bankruptcy insulating) provisions for financial contracts. The article concludes herein.
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- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
