Features
Supreme Court's LaRue Decision Interprets ERISA's Remedies to Fit a 401(k) World
In <i>LaRue v. Dewolff, Boberg & Associates, Inc.,</i> the U.S. Supreme Court has officially recognized that the times have changed for retirement plans.
Features
In the Marketplace
Highlights of the latest equipment leasing news from around the country.
Future Avoidance Litigation: A Debtor's Obligation to Preserve Electronic Data
Part One of this article discussed the facts of the Nortel case in detail and analyzed some of the many novel substantive legal issues relating to the pre-petition equipment returns that constituted a large portion of the transfers at issue. This second installment discusses some of the complex issues that arose in connection with discovery of electronic documents in the Nortel case.
Features
New UCC Legislation: The Creation of a Substantial Debtor Name Due Diligence Burden
Two states recently enacted non-uniform amendments to UCC Article 9 that should be of urgent concern to the equipment leasing and finance industry.
Features
Market-Based MAC and Termination Fee Clauses on the Rise, But Subject to Pitfalls
Two types of contract clauses are commonly cited when a buyer or financing source desires not to make good on its commitment. These clauses are material adverse change clauses and termination fee clauses. Several recent cases show that good draftsmanship and a clear understanding of their intended effect are essential in heading off disputes when implementing these provisions.
Case Notes
Highlights of the latest product liability cases from around the country.
Coordination of Mass Torts in State Court
With the number of mass/complex cases in state courts on the rise, state court litigants and jurists are recognizing the need to treat these cases differently from garden variety torts and are turning to established, but heretofore little used, state law coordination rules and procedures to manage this growing area of litigation.
Features
<b>Decision of Note:</b> 'Video' License Encompassed Mobile Delivery
The Appellate Court of Illinois decided that a license to use the trademark 'March Madness' 'to advertise, promote, and sell publications, videos, and media broadcasts' included the right to deliver on-demand video content to mobile wireless devices.
Criminalizing Product Liability Claims? An Idea from Across the Pond
The Corporate Manslaughter and Corporate Homicide Act of 2007 is yet another example of a worldwide trend toward criminalizing the law of product liability. While the idea of establishing criminal corporate manslaughter has been discussed in the United States, it has not gained much momentum. The recent reform in the United Kingdom, however, may rekindle the efforts to criminalize product liability, especially during the course of this election year.
Features
Bit Parts
Artist Consultant/Unfair-Competition Claim<br>Insurance/Intra-Band Litigation<br>Royalty Complaint/Ringtone and Download Licenses<br>TV-Affiliation Agreements/Promotional Payments
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.Read More ›
- 'Insurable Interest' and the Scope of First-Party CoverageThis article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.Read More ›
- The Flight to Quality and Workplace ExperienceThat the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.Read More ›
- AI or Not To AI: Observations from Legalweek NY 2023This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.Read More ›
- The Powerful Impact of The Non-Foreclosure Notice of PendencyRPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.Read More ›