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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- 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 ›
- Reining in the Inequitable Conduct DefenseResponding to views from the U.S. Patent and Trademark Office and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divided <i>en banc</i> Federal Circuit decision issued on May 25, 2011 adjusted the standard of the materiality element to make this defense harder to establish.Read More ›
- 'Customary Operations' or A Vacant Building?Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›