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Flood of Litigation: The Water Damage Exclusion Image

Flood of Litigation: The Water Damage Exclusion

Brad E. Harrigan

On Aug. 29, 2006, Hurricane Katrina, one of the deadliest and costliest natural disasters ever to strike the United States, hit New Orleans and Mississippi. With winds recorded at over 135 mph, the hurricane caused severe damage to much of New Orleans and the surrounding areas. The worst was yet to come, however. Following the storm, the levees built to protect the city, which is mostly below sea level, failed to retain the water. This resulted in more than 80% of the city being flooded. This catastrophic flooding caused billions in damages and sparked the current storm of insurance coverage litigation.

December issue in PDF format Image

December issue in PDF format

ALM Staff & Law Journal Newsletters

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Court Watch Image

Court Watch

Darryl A. Hart & Griffith Towle

Highlights of the latest franchising cases from around the country.

District Court Interprets Kentucky Franchise Covenants Not-to-Compete Image

District Court Interprets Kentucky Franchise Covenants Not-to-Compete

Jon Swierzewski

In <i>Papa John's International, Inc. v. Rezko et al.</i>, 2006 WL 1697134 (N.D. Ill.), the U.S. District Court for the Northern District of Illinois was called upon to determine whether a post-term covenant not-to-compete was reasonable in scope. The defendant alleged that the covenant would bar him from the restaurant business nearly everywhere in the country. In the limited procedural posture of the case (a motion to dismiss), the court allowed the claim of unreasonableness to go forward.

Policy and Regulatory Outlook: 2007 ' Franchise Industry Eyes New Congress Image

Policy and Regulatory Outlook: 2007 ' Franchise Industry Eyes New Congress

ALM Staff & Law Journal Newsletters

With the recent Congressional elections returning leadership of the U.S. Senate and House to Democrats for the first time in more than a decade, the business community is keenly interested in the priorities of the new Congress. While it is apparent that Congress will initially focus on issues outside the direct domain of franchising (Iraq, Congressional ethics, etc.), numerous matters of importance to franchisors and franchisees are on the table, too.

Features

Emfore v. Blimpie: License to Commit Fraud or Common-Sense Decision? Image

Emfore v. Blimpie: License to Commit Fraud or Common-Sense Decision?

J. David Mayberry & Rupert M. Barkoff

Better ingredients, it is said, make for a better pizza, and, as <i>Emfore Corp. v. Blimpie Associates, Ltd.</i> (N.Y. Sup. Ct. Sept. 18, 2006) suggests, better documents make for better decisions, at least if you are the franchisor.

December issue in PDF format Image

December 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.

Features

The USA PATRIOT Act Renewed: Reassessing Money Laundering Risk in Finance Transactions Image

The USA PATRIOT Act Renewed: Reassessing Money Laundering Risk in Finance Transactions

Stephen J. McHale & David G. Mayer

Part One of this series discussed how the federal government is stepping up its aggressive enforcement of anti-money laundering/combating the financing of terrorism ('AML/CFT'). This second installment addresses action steps for leasing and financing businesses affected by the AML/CFT program.

Features

The Credit Agency Reform Act: What Leasing Companies Need to Know Image

The Credit Agency Reform Act: What Leasing Companies Need to Know

Barbara M. Goodstein & Margarita Glinets

Any equipment leasing or finance company desiring to access the debt capital markets must quickly become adept at dealing with a unique feature of that world: the credit rating and its gatekeeper, the credit rating agency. Entering this realm can be a jolt for finance officers used to the relationship-friendly, competitive environment of commercial banks. Dominated by two monoliths, Standard &amp; Poor's and Moody's, the rating agency process is steeped in the clinical analytics of credit modeling. Rating agencies are viewed by many as academic in perspective and, to some, remote and obscure in their approach.

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