Commercial Law

To determine whether a creditor has an enforceable right to collect a prepayment premium in bankruptcy, courts first consider the text of the loan documents.

Despite predictions in several quarters, the so-called buck-out lease appears alive and healthy, if not as robust as it once was.

This article is the second in a continuing series on resolving contentious issues in sophisticated lease transactions. In this installment: The MAC Clause.

Maryland Franchise Attorneys Discuss Possible Law Changes
Maine Franchisees Launch Association

A LinkedIn profile update alerting a user's contacts about her new job did not necessarily constitute a solicitation of business that ran afoul of her non-compete agreement, a Massachusetts trial judge has ruled.

While the document review aspect of the discovery process generally receives the majority of attention because of the expense and time involved, the collection of potentially responsive electronically stored information (ESI) can also represent a major expense and logistical challenge.

The concept of the attorney-client privilege seems pretty straightforward in, for example, a criminal case. However, as any in-house attorney knows, this concept becomes pretty murky when applied to attorneys working inside entities: Who is the client? Which attorneys are covered? Are those attorneys always covered? Which communications? With whom? On what subjects? The questions are endless and the situations are complex.

Google's mass-copying of copyrighted works to build a digital library of more than 20 million books is shielded by the fair use doctrine, Judge Denny Chin ruled on Nov. 14.