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Court Watch
Highlights of the latest franchising cases from around the country.
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How to Recognize and Remedy an Unauthorized Financing Statement
Recently, individuals including prison inmates and members of antigovernment groups — some considered "domestic terrorists" by the Federal Bureau of Investigation — have been utilizing the relaxed filing requirements of the Uniform Commercial Code, Article 9, to file and record false UCC-1 financing statements against individuals, companies and law enforcement officials.
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Lease Accounting Project Update
The previously stated goal of the FASB/IASB Boards was to release a new exposure draft by year-end 2011 followed by a 120-day comment period.
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Healthcare Leasing Pitfalls for the Non-Healthcare Attorney
Non-healthcare entity landlords and their attorneys should be aware of certain common provisions in leases with healthcare tenants that could lead to substantial liability for landlords.
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Uncharted Courses
An in-depth discussion of American Airlines' recent Chapter 11 filing.
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Coverage Issues Stemming from Med Pay Claims Under Commercial Premises Liability Policies
This article sets out the typical med pay policy language, summarizes certain coverage issues that have arisen in recent years with respect to med pay claims, and discusses two cases addressing whether an insurer can be liable in bad faith to an injured person for failing to provide med pay benefits.
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Growing an International Presence
The idea of growing internationally seems counterintuitive to what's going on in the current economy. Many organizations have scaled back or halted growth activities completely. While other companies are on the sideline, now is the right time to consider global growth and put yourself ahead of your competition.
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A Lessor's Guide to Workouts
Last month's installment of this article discussed preliminary issues to address in workouts and key provisions to include in workout agreements. This second installment discusses addressing potential future bankruptcy issues.
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Companies and Lobbyists on Both Sides of SOPA
In mid-November, a number of corporations joined in the debate and lobbying over the Stop Online Piracy Act (SOPA), a new piece of legislation introduced in October by House Judiciary Committee chairman Lamar Smith (R-TX) that is being considered by that committee.
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Thinking Small: Creating a Small-Ticket Leasing Company
This article discusses both the creation of small-ticket leasing companies by existing leasing businesses and what is needed for startup operations.
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- 'Customary Operations' or A Vacant Building?Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'Read More ›
- Reining in the Inequitable Conduct DefenseResponding to views from the U.S. Patent and Trademark Office and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divided <i>en banc</i> Federal Circuit decision issued on May 25, 2011 adjusted the standard of the materiality element to make this defense harder to establish.Read More ›
- Mixed Ruling in Jefferson Starship Band Name SuitWhat's in a rock band's name? Plenty, if you are talking about Jefferson Starship, which goes back more than 40 years, has had more than 30 members and was born from the 1960s psychedelic rock band Jefferson Airplane.Read More ›
- Authorship and Copyright In Hybrid AI-Human Collaborative WorksThe United States Copyright Office recently issued a letter ruling on the copyrightability of Kristina Kashtanova's comic book-like work, Zarya of the Dawn. The Kashtanova ruling indicates that the Copyright Office's determination of copyrightability of works involving use of AI will rely on whether the author is able to control and foresee with some measure of predictability the output of the authorial processRead More ›
- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›