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Equipment lessors need to learn a new acronym: CERCLA. It stands for the Comprehensive Environmental Response, Compensation and Liability Act, and it has the potential to expose lessors to millions of dollars in environmental liability.
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While the government almost certainly will give you an estimate of your client's sentencing exposure as part of a plea process, recent cases in the Second Circuit make clear that the government is unlikely to be bound by that estimate.
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Perhaps encouraged by partial success in recovering or clawing back defense costs paid for their policyholders, insurers increasingly may attempt to recover back settlement payments made on behalf of their policyholders.
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It is important to recognize early on if an insurance policy with a London arbitration provision, or any international arbitration provision, may be called on to contribute to the settlement of a lawsuit. By creating that awareness early on, there is an opportunity to build a stronger record to support the reasonableness of any settlement and to maximize the insured's ability to obtain coverage.
Recent court decisions addressing the classification of "goods" versus "services" have shed some light on the proper definition of "goods" in the context of whether a particular claim is for "goods" under ' 503(b)(9). However, these decisions have left open some key questions.
In this Q&A, Rebecca Turner discusses how her experience as a franchisee has affected her legal career and how she uses that perspective to work with franchisees and franchisors.
This article addresses developments in international franchising, including recent changes in Australia, the European Union, and several countries in Europe.
Features
A recent regression from credit recovery trends calls into question whether the momentum from early this year can be regained.
As tax revenues have declined in the face of falling incomes, sales and property values, more cities small and large have disclosed that resort to Chapter 9 of the Bankruptcy Code, the municipal bankruptcy law, has made it onto their agendas.
