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News Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest franchising news from around the country.

Features

Supreme Court's <i>Kirtsaeng</i> Decision Fuels 'First Sale' Debate Image

Supreme Court's <i>Kirtsaeng</i> Decision Fuels 'First Sale' Debate

Andrew Pequignot

Publishers frequently charge different prices in foreign markets, and they have argued that allowing unrestricted importation threatens that practice. In March, the Supreme Court squarely addressed this issue for the first time in <i>John Wiley &amp; Sons Inc. v. Kirtsaeng</i> and held that the first-sale doctrine does in fact apply to copies made overseas and, as a result, these copies could be purchased in foreign markets and legally resold in the United States.

Columns & Departments

In the Marketplace Image

In the Marketplace

ALM Staff & Law Journal Newsletters

Highlights of the latest equipment leasing news from around the country.

Features

Recovery of Make-Whole Premiums Image

Recovery of Make-Whole Premiums

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

Court Watch Image

Court Watch

Chris Bussert

Highlights of the latest franchising cases from around the country.

Features

Is British Columbia Next in Line? Canada's Third Most Populous Province Considers Franchise Legislation Image

Is British Columbia Next in Line? Canada's Third Most Populous Province Considers Franchise Legislation

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

Regulation and Innovation in Leasing Image

Regulation and Innovation in Leasing

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

Presto Change-Oops: Unexpected Challenges in Converting a Lease into an Equipment Finance Agreement Image

Presto Change-Oops: Unexpected Challenges in Converting a Lease into an Equipment Finance Agreement

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

Insurance Coverage for Cyber Attacks Image

Insurance Coverage for Cyber Attacks

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

Coverage for 'Diminution in Value' in Commercial Property Insurance Policies Image

Coverage for 'Diminution in Value' in Commercial Property Insurance Policies

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.

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