State Regulators Declare Registration Do's and Don'ts
At the "Ask the Regulators" session at the IFA's 2010 Legal Symposium, representatives of three registration states offered suggestions about how to make the franchise state-registration process run more smoothly.
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In the Marketplace
Highlights of the latest equipment leasing news from around the country.
District Court Recognizes Texas Legislation in Overturning Clark Contracting Decision
On April 14, 2010, the federal district court reviewing the <i>Clark Contracting</i> decision overturned the bankruptcy court and gave effect to the language in SB1592 that indicated that the legislation was a clarification of existing law rather than a change to the law.
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Bankruptcy Plan Sales: Secured Lenders Do Not Have an Absolute Right to Credit Bid
In a decision that could have wide-ranging consequences for secured lenders and the distressed debt market, a divided U.S. Court of Appeals for the Third Circuit has held that secured creditors do not have an absolute right to credit bid the value of their loans in Chapter 11 plan-based sales of assets.
Pre-packaged Bankruptcies: A Faster Way to Emerge from a Bankruptcy Involving Leases?
Traditional Chapter 11 reorganizations have proven to be costly and disruptive for corporate debtors. Section 363 sales have largely supplanted traditional Chapter 11 reorganizations because they are faster and more cost efficient. Though not a new concept, parties have recently opted to pursue "pre-packaged" bankruptcy filings or "pre-packs.
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Case Briefs
Highlights of the latest insurance cases from around the country.
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Sharing Courtroom Insight and Legal Relays for Professional Success
CourtroomInsight.com and LegalRelay.com both launched at LegalTech New York in February. They are growing by encouraging users, as well as experts and vendors who can benefit from the reviews, to take advantage of their respective "freemium" models. The unrelated sites allow visitors to post and read reviews for free, but offer enhanced positioning and descriptive information to paid subscribers.
Sharing Courtroom Insight and Legal Relays for Professional Success
This article discusses a new Web-based directory designed to help lawyers identify and evaluate expert witnesses, litigation consultants, arbitrators and mediators through profiles of these providers and reviews of their performance, as well as a similar tool for legal technology product reviews.
Clio Software-as-a-Service the Right Choice for Slinde & Nelson
Our research led to a handful of legal SaaS offerings. On the surface, the various offerings looked quite similar, since they offered many of the core practice management functions such as matter management, contact management, calendaring and time-and-billing features. We found the interface and several key features of Clio helped separate it from the crowd.
Riemer & Braunstein Benefits from Storage Virtualization
Law firms are often misinterpreted to be stodgy places, reluctant to move into the 21st century with new and emerging technology. Nevertheless, they rely heavily upon computers to complete daily tasks. Documents such as contracts, wills and other files are all confidential and extremely valuable; the data must be protected yet readily available at all times.
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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 ›