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Features

Supreme Court's LaRue Decision Interprets ERISA's Remedies to Fit a 401(k) World Image

Supreme Court's LaRue Decision Interprets ERISA's Remedies to Fit a 401(k) World

Stuart Sirkin & Christa Haas Bierma

In <i>LaRue v. Dewolff, Boberg &amp; Associates, Inc.,</i> the U.S. Supreme Court has officially recognized that the times have changed for retirement plans.

May issue in PDF format Image

May issue in PDF format

ALM Staff & Law Journal Newsletters

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Features

In the Marketplace Image

In the Marketplace

ALM Staff & Law Journal Newsletters

Highlights of the latest equipment leasing news from around the country.

Future Avoidance Litigation: A Debtor's Obligation to Preserve Electronic Data Image

Future Avoidance Litigation: A Debtor's Obligation to Preserve Electronic Data

Norman N. Kinel & Timothy A. Solomon

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 Image

New UCC Legislation: The Creation of a Substantial Debtor Name Due Diligence Burden

Paul Hodnefield

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 Image

Market-Based MAC and Termination Fee Clauses on the Rise, But Subject to Pitfalls

G. Thomas Stromberg & Justin Rawlins

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.

May issue in PDF format Image

May issue in PDF format

ALM Staff & Law Journal Newsletters

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Case Notes Image

Case Notes

ALM Staff & Law Journal Newsletters

Highlights of the latest product liability cases from around the country.

Coordination of Mass Torts in State Court Image

Coordination of Mass Torts in State Court

James Weller, Joseph Ortego & Laurie Bloom

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 Image

<b>Decision of Note:</b> 'Video' License Encompassed Mobile Delivery

ALM Staff & Law Journal Newsletters

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.

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