Features
In the Marketplace
Highlights of the latest equipment leasing news from around the country.
Features
Assignments: Paying Agent Not Liable to Assignee
In a recent opinion by the U.S. Court of Appeals for the Ninth Circuit, the court held that the account debtor's payment obligations do not extend to its agent.
Eleventh Circuit Upholds Graves Amendment
Congress enacted the Graves Amendment in August 2005 to bar vicarious liability claims against long-term lease and rental car companies. Often challenged in the courts, the dependability of the Graves Amendment has been undermined by inconsistent court rulings that subject lessors to the liability the Graves Amendment intends to prevent.
Summary and Analysis of the Troubled Asset Relief Program
This article cuts to the substance of the Troubled Asset Relief Program, examining the provisions dealing with the actual purchase, management, and sale of troubled assets, with an eye toward the financial community.
Decisions of Interest
Recent rulings of interest to you and your practice.
Features
Postnuptial Agreements
The answer to the question, "Is it better to live in New York or in New Jersey if you want your postnuptial agreement to be enforced?" is plain and simple ' New York is where you need to be. If your client lives in New Jersey, keep him or her away from postnuptial agreements.
Custody Findings Delayed During Military Deployment
Judges in New York will be prohibited from making permanent child custody decisions when a parent has been activated or deployed by the U.S. military, under a bill signed by Governor David A. Paterson. Sponsors said the legislation would guarantee that the custodial status of military personnel will not be permanently changed because of their physical absence from their children while on military duty.
Changing the Post-Marriage Compensation Guidelines
In the previous two months' issues, the author began looking at a contentious proposal to replace New York's current post-marriage maintenance system with new "Post-Marital Income Guidelines." He has expressed some of his reservations about the proposed guidelines; following are a few more.
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MOST POPULAR STORIES
- The 'Sophisticated Insured' DefenseA majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.Read More ›
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›
- The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and OpportunitiesLike poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.Read More ›
- Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric CodeIn an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.Read More ›
- Guidance on Distributions As 'Disbursements' and U.S. Trustee FeesIn a recent case from the Bankruptcy Court for the District of Delaware, In re Paragon Offshore PLC, the bankruptcy court provided guidance on whether a post-plan effective date litigation trust's distributions constituted disbursements subject to the U.S. Trustee fee "tax."Read More ›