Highlights of the latest franchising cases from around the country.
April 01, 2005Kathryn Shipe
Highlights of the latest franchising news from around the country.
April 01, 2005ALM Staff | Law Journal Newsletters |The authors conclude their analysis of 10 highly significant decisions in the past decade that affected the franchising industry.
April 01, 2005Jeffery S. Haff and Andrew Scott2005 ELA Legal Forum: May 15-17, 2005, Loews Miami Beach Hotel, Miami Beach, FL. Sponsor: Equipment Leasing Association of America, 1300 N. 17th Street,…
April 01, 2005ALM Staff | Law Journal Newsletters |Highlights of the latest equipment leasing news from around the country.
April 01, 2005ALM Staff | Law Journal Newsletters |As reported last month by Bill Bosco, the Financial Accounting Standards Board planned to, and did in fact, meet on March 2 to finalize its decisions on the issue of recalculating a leveraged lease in the event of changes in timing of tax benefits. The Board affirmed its tentative conclusions that a change in timing of the realization of tax benefits should require a recalculation of the leveraged lease and a re-evaluation of the classification of the leveraged lease.
April 01, 2005ALM Staff | Law Journal Newsletters |The author continues her analysis of the elements of the senior-junior-borrower relationship that should be addressed with specificity in an intercreditor agreement.
April 01, 2005Erica M. RylandSo-called "hell or high water," "waiver of defense" and lessor favorable "submission to jurisdiction" clauses have long been cornerstones of equipment finance documentation. But, the unfolding debacle over the last year involving a company called NorVergence has cast an unfavorable light on these important provisions and, in doing so, entangled most of the top players in the leasing industry.
April 01, 2005Barbara M. GoodsteinHighlights of the latest insurance cases from around the country.
March 31, 2005ALM Staff | Law Journal Newsletters |New York has long been known as a state in which a direct liability insurer need not prove prejudice in order to prevail on a defense that the policyholder provided late notice of an occurrence or a claim. New York ranks among the minority of states following the "no prejudice" rule. According to Ostrager, Barry R. and Newman, Thomas R.: Handbook on Insurance Coverage Disputes, approximately 80% of the states require a liability insurer to prove prejudice to prevail on the late notice defense, while the remainder either follow a straight "no prejudice" rule or adopt different rules for different types of insurance policies.
March 31, 2005Lynn K. Neuner