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Features
<b><i>Key Considerations When Negotiating Personal Guarantees to Commercial Real Estate Leases</b></i><br>In today's commercial real estate market, uncertainty is about the only real thing that is certain. In this period of flux, where landlords no longer enjoy the same position of strength and leverage they once had over prospective tenants, it is critical to try and negotiate independent guarantees that best suit each particular deal and (hopefully) hedge against the downside of a potential tenant default and resulting litigation.
Columns & Departments
The Fifth Circuit recently clarified the Anti-Kickback Act. Here's an analysis of the ruling.
Features
The ever-increasing popularity of digital electronic signatures (eSignatures) for entering into equipment leasing and financing transactions without the use of paper documents (eLeasing) is compelling lessors, banks and others competing in the market for equipment financing to re-evaluate and transform the structure of their entire operating platforms.
Columns & Departments
Update on the DOJ's collection of billions in enforcement actions from Volkswagen and Rolls Royce.
Features
Compiled through industry research, industry participants' expertise and ELFA member input, the trends are designed to help businesses and other organizations as they execute their equipment acquisition strategies during the coming year.
Features
In a case decided on Oct. 17, 2016, the Commonwealth Court of Pennsylvania rejected a long-standing position taken by the Pennsylvania Department of Revenue dealing with when renewal periods must be added to the initial term of a lease for realty transfer tax purposes.
Features
Despite the established purpose of a compensatory damage award, there are occasions when a verdict is so excessive it could only have been arrived at in an effort to punish, rather than to compensate. In those instances of a "runaway" jury award, there are two generally recognized forms of relief available to address the excessive verdict: a new trial as to damages only, or remittitur.
Features
<b><i>Part Two of a Two-Part Article</b></i><br>A continuation of the discussion regarding the fact that the Connecticut Supreme Court is currently considering whether the state should abandon its traditional strict product liability standard for design defect claims and replace it with section 2(b) of the Restatement (Third) of Torts, which requires plaintiffs to prove the manufacturer's foreseeability of harm, and prove the effectiveness of a reasonable alternative design in order to recover damages for product-caused injuries.
Features
This article provides an overview of the "reptile method," why it can be successful if not rebutted, and some ideas on how a defendant can present a more fulsome story about its good conduct, actual legal obligations and the facts to the jury.
Columns & Departments
In the case of <i>Caltagirone v. Cephalon</i>, Philadelphia Court of Common Pleas Judge Denis P. Cohen has granted the plaintiff the right to subpoena documents concerning pharmaceuticals manufacturer Cephalon from the U.S. Attorney's Office for the Eastern Dirstrict of Pennsylvania. Here's an analysis of the ruling.