Features
Secured Lender's Loss of Possessory Lien Affirmed
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit held on March 25, 2013, that a lender "lost its possessory lien when it turned the Debtor's account funds over to the Trustee without first seeking adequate protection.
Features
Financing the Cloud
One subject not getting near enough attention is the role IT financing will play as companies migrate to the cloud in a bid to save costs and bring added flexibility to their business models.
Features
Online Retailers Lose Challenge to New York's Internet Tax
In a case that has far-reaching ramifications because of the exponential expansion of cyberspace in general, and because of the growth of e-commerce in particular, the New York Court of Appeals has rejected challenges by two major online retailers to New York's 'Internet tax,' which requires collection of a sales tax on online purchases made by New York residents.
Features
<i><b>Online Extra</i></b>Court Torpedoes Viacom's Lawsuit Against YouTube
Viacom failed again to persuade a U.S. district judge to let it proceed with its massive copyright infringement suit against YouTube and parent company Google.
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Cutting-Edge Case Developments in Film & TV Law<br>Current Issues in Music and Entertainment Law
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News Briefs
Highlights of the latest franchising news from around the country.
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Supreme Court's <i>Kirtsaeng</i> Decision Fuels 'First Sale' Debate
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 & 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.
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In the Marketplace
Highlights of the latest equipment leasing news from around the country.
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Recovery of Make-Whole Premiums
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.
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