Features
David M. Hillman
&
Karen S. Park
A lender's right to recover a make-whole premium as part of its allowed claim in a bankruptcy case has been the subject of considerable judicial debate over the past number of years, with some courts allowing recovery and others denying it. Earlier this year, the U.S. Bankruptcy Court for the Southern District of New York added to the debate by denying bondholders the right to payment of a make-whole premium in connection with the debtor's refinancing of the bond debt.
Columns & Departments
Chris Bussert
Highlights of the latest franchising cases from around the country.
Features
Dominic Mochrie
Proposed franchise legislation featured prominently in "An Agenda for Justice," a report recently released by the British Columbia Branch of the Canadian Bar Association.
Features
Paul Bent
Are the imperatives of innovation and compliance always mutually exclusive? This article explores these very different but perhaps not always incompatible concerns.
Features
Barry Marks
&
Patricia T. Reid
As many practitioners have found, taking a client's standard-form equipment lease and creating an equipment finance agreement is more complicated than it appears.
Features
Roberta D. Anderson
Companies should carefully examine their insurance programs, evaluate what coverage already may be available, and see what may be done to enhance the available coverage. To the extent that there may be gaps in available coverage, companies should consider how those gaps can be filled, including through specialty "cyber" risk policies.
Features
Lewis E. Hassett
&
Ryan C. Burke
Few courts have considered the issue of whether post-repair diminution in value damages are recoverable under a commercial property policy.
Features
Tom Huddleston Jr.
In Nov. 2012, Seattle U.S. District Judge Robert Lasnik had ruled that 'Godfather of Funk' George Clinton must cede the copyrights to the master recordings of four Fundadelic albums released by Warner Bros. between 1976 and 1981 to Seattle-based Hendricks & Lewis to make good on more than $1.5 million in unpaid legal fees.
Features
Kevin Adler
Amendments to the Ohio Business Opportunity Law went into effect a few months ago, offering what franchise attorneys are calling a balanced approach that improves pre-sale disclosures to protect franchisees but also gives franchisors greater protection from lawsuits that cite minor, technical violations of the state's rules.
Columns & Departments
Amanda Bronstad
The U.S. District Court for the Central District of California, although 'deeply troubled' by his behavior, refused to sanction prominent entertainment attorney Marc Toberoff for alleged discovery violations during his lengthy court battle over the rights to Superman.
