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.
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
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Inferring Dishonesty: The Fifth Amendment and Fidelity CoverageDishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud & Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>Read More ›
- When Is a Repair Structural or Nonstructural Under a Commercial Lease?A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."Read More ›