Features
Ten Commandments for a Successful Loan Workout
Businesses of all sizes will find themselves having difficult discussions with their lenders regarding loans in default or which will be maturing and for which the real estate and other collateral provide questionable value as security. This article provides "rules" that should help.
New Contract Requirements in Louisiana
Recently, Louisiana enacted legislation to regulate automatic renewal clauses in contracts to provide that any contract that automatically renews if the consumer fails to cancel it must disclose the automatic renewal clause clearly and conspicuously and include clear and conspicuous language describing how to cancel the contract.
When Is a Lease of Personal Property a 'True Lease'?
Just because a document is labeled a lease may not make it so under commercial law. One of the more heavily contested issues under the Uniform Commercial Code is whether an agreement transferring use and possession of personal property from one party to another is actually a lease as opposed to a sale subject to a security agreement.
Arbitration Awards: What Is the Standard of Review?
In <i>Paul Green School of Rock v. Smith</i>, the Third U.S. Circuit Court of Appeals decided a franchise-related case on Aug. 2 that addressed judicial review of arbitration awards.
Features
Underground Maintenance Formulas in New York
Attorneys throughout New York State regularly utilize informal mathematical formulas to determine maintenance payments. Individual attorneys, judges and various regions apply different formulas, several formulas or, worse yet, no formula at all.
Features
Wolf Block Moves for Stay of Legal Malpractice Suit
Wolf Block and a number of former partners are seeking a stay of a legal malpractice lawsuit brought against them by car dealership owner Alan Potamkin over the firm's drafting of a prenuptial agreement.
Features
Ontario, Canada, Court of Appeal Affirms Quiznos and Midas Decisions
Two important decisions of the Ontario Court of Appeal involving class action franchise disputes were released this summer.
Divorce and the 'Special-Needs' Child
This article explores some of the issues of a divorcing family with a special-needs child so that appropriate custodial arrangements and financial resolutions can be fully and appropriately addressed in the divorce process.
Recent Judicial Decisions on Specific Causation
This article highlights three recent court decisions rejecting plaintiff's efforts at establishing specific causation as a matter of law. These decisions confirm that speculative specific causation evidence is inadmissible.
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MOST POPULAR STORIES
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Inferring Dishonesty: The Fifth Amendment and Fidelity CoverageDishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud & Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>Read More ›
- When Is a Repair Structural or Nonstructural Under a Commercial Lease?A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."Read More ›