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Commercial Law

  • Shari'ah or Islamic-compliant financing is gaining a foothold in international finance transactions. This article provides an overview to equipment finance professionals as to certain opportunities that may exist within this market for both increasing customer base and obtaining sources of capital.

    November 30, 2007Jonathan Fleisher
  • On the strength of a substantial body of real-world experience with arbitration as a dispute-resolution norm, many franchisors are asking whether their dogged pursuit of arbitration was actually a mistake.

    November 29, 2007Michael Bowen
  • For franchisors who do business consistent with a few critical (and largely common-sense) rules, freedom from excessive lawsuits and from truly damaging litigation results is not out of reach.

    November 29, 2007John Edward Connelly, William L. Killion and Brian B. Schnell
  • The track to the CEO's office has changed as the key determinants of competitive advantage have changed. Over the past few years, sales, marketing, engineering, and most recently, finance have serially been the corporate lines through which proto-CEOs have risen through the ranks. With intangibles now providing the competitive advantage, perhaps the next trend in CEO-spotting will take place in the IP suite.

    November 29, 2007Nir Kossovsky
  • Recent occurrences in this important area.

    November 27, 2007ALM Staff | Law Journal Newsletters |
  • Sacred cows make great steaks, as one wit quipped. The usual way of doing things is being stood on its head and, in the realm of medical malpractice claims at least, is being replaced in many cases by fresh approaches and claim resolution templates. Specifically, historical norms of adversarial claim approaches are being supplanted by 'apology programs,' which receive increasing interest and publicity.

    November 27, 2007Kevin Quinley
  • People injured by a drug or medical device often sue not only their medical caregivers and the hospitals where the devices were implanted, but also the drug or device's manufacturers. Smart move, but there may be other avenues for recovery that should be explored. There are many players in the process that brings a drug or device to the market, and it may prove valuable to question whether any of these had a role in causing the claimant's injury and whether they can be reached for recovery.

    November 27, 2007Janice G. Inman
  • What limitations does a municipality face in excluding religious uses in commercial or industrial districts? That issue has arisen in several cases over the last year and a half, most recently in Western New York District, Inc. v. Village of Lancaster. Although neither New York nor federal courts have definitively answered that question, it appears that municipalities enjoy more latitude to exclude religious uses in commercial and industrial districts than they enjoy with respect to residential districts.

    November 27, 2007Stewart E. Sterk
  • Husband and wife typically sign joint returns as their aggregate income tax liability will, in most cases, be less on a joint return than it would be if each filed separately. Once a joint return has been signed by the taxpayer, however, he or she cannot avoid the liability for tax with respect to that return. This can lead to serious financial problems long after the year for which the return was signed.So-called 'innocent spouse' relief under ' 6015 may be available, but no one should assume that relief can be readily obtained. Recent developments make this very clear.

    November 27, 2007Thomas R. White, 3rd
  • The American Psychological Association (APA) has now proposed new guidelines for Child Custody Evaluations to replace those promulgated in 1994, which set 'aspirational goals' for those psychologists engaging in evaluations of children for divorcing families going through custodial litigation. Herein is a critique of the new guidelines from an attorney's point of view.

    November 27, 2007Lynne Z. Gold-Bikin