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The closely watched TOUSA, Inc. case took another twist on May 15, when the Eleventh Circuit Court of Appeals reversed the decision of the U.S. District Court for the Southern District of Florida and reinstated the bankruptcy court opinion in its entirety. The decision reinforces the level of diligence and care that lenders must undertake in cases involving borrower subsidiaries, especially with respect to upstream loan transactions.
This article is the fourth installment in an ongoing series focusing on accounting and financial matters for corporate counsel.
The night before a company's annual shareholder meeting probably isn't the best time for executives to start getting ready for potential questions from investors. This article provides a list of what company execs should know about what shareholders want to know.
Forming a captive insurance company provides a number of unique advantages to franchisors and groups of franchisees, starting with reduced premiums. Quite possibly the most significant advantage of the captive insurance model, especially for franchisees, is the ability to protect against liabilities that would otherwise be difficult to insure.
Features
Traditionally, ambiguity in policy language was assessed by considering only the "four corners" of the contract. However, some jurisdictions now adhere to a "modern view" that allows extrinsic evidence to be considered in establishing contractual ambiguity. This article provides an overview of these approaches and offers a case study representing each method.
Features
There is now a clear trend by courts to enforce the unambiguous attachment language in excess policies (which historically required payment by the underlying insurers of the full amount of the underlying limit as a condition to liability attaching to the excess policy). Those recent cases and their impact on future claims are summarized in this article.
Features
Highlights of the latest franchising news from around the country.
Highlights of the latest franchising cases from around the country.
Forming a captive insurance company provides a number of unique advantages to franchisors and groups of franchisees, starting with reduced premiums. Quite possibly the most significant advantage of the captive insurance model, especially for franchisees, is the ability to protect against liabilities that would otherwise be difficult to insure.
No U.S. franchisor has faced an action brought against it under the Foreign Corrupt Practices Act, a 35-year-old law that prohibits U.S. firms and individuals from bribing foreign government officials. But that is just a matter of time.
