Features
Leasing Wind Power Facilities: A New Reality
Leasing has appeared on the national stage as a potentially viable, though complex, type of financing for wind energy facilities, with its successful use in two large utility scale projects and one community wind project.
News Briefs
Highlights of the latest franchising news from around the country.
Features
Court Watch
Highlights of the latest franchising cases from around the country.
Features
The ABA Consumer Protection Conference
On Feb. 3 the American Bar Association held its Consumer Protection Law Conference, sponsored by the Section of Antitrust Law. Why should franchise systems' ears prick up? For starters, savvy franchisors should understand the larger consumer protection context in which their principal federal regulator operates — especially when most of the top decision-makers show up.
Features
Hotel Franchises Face Rising Bed Bugs Claims
For lodging industry franchises, bed bugs are a business challenge and a potential source of litigation.
VA Bankruptcy Court Rules on New Value Defense and ' 503(B)(9) Claim
A recent decision issued by the Bankruptcy Court for the Eastern District of Virginia further calls into question the availability of a new value defense in a preference action when the amount claimed by the creditor to constitute new value represents an administrative claim under ' 503(b)(9)...
Bankruptcy Auctions
This article highlights the tension courts face between recognizing the finality of a sale and reopening a sale process if potentially greater value for the creditors exists.
eSignatures Support Lower Overhead Costs and Better Client Service
Signatures are critical in the daily work of a legal practice. The basic law of contracts is that a contract is binding if the parties agree to its terms. Signatures indicate that two or more parties have agreed on a particular matter. Signatures do not, however, need to involve ink on paper. In fact, there are many benefits to avoiding the physical signing process.
Features
<b><i>Product Review:</b></i> Adobe Acrobat X -- Sleek and Efficient
Proponents of a nationwide flat tax argue that it would resolve decades of clutter and confusion and streamline the existing tax code. Adobe embodies this premise in the latest version of Acrobat ' the entire interface has been overhauled for efficiency and accessibility.
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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›