In The Marketplace
Highlights of the latest equipment leasing news from around the country.
Dangers of Waiver-of-Defense Clauses in Leases
A lessee entering into a new lease agreement must be mindful of a waiver-of-defense clause. If a lease agreement contains a waiver-of-defense clause and the lease is later sold or assigned, the purchaser or assignee, if it is a holder in due course, will take the lease free and clear of numerous defenses (including a fraud in the inducement defense) otherwise available to the lessee had the lease not been sold or assigned.
Come 'Hell or High Water,' the Lessee Must Pay: Federal Court Upholds Defense Waiver
Come hell or high water" has been a motto of movie tough guys since the genre was invented. But as melodramatic as it may sound, it also has application in the world of business as well. Specific to the leasing industry, the phrase connotes a clause or condition of a leasing agreement that mandates the payment of all rent, fees, and costs to the lessor by the lessee, regardless of any intervening circumstances. Put succinctly, a lessee executing a deal with a "hell or high water clause" waives all of its defenses and is indefeasibly bound to pay its due to the lessor.
Managing the Risks of Doing Business in Latin America
Every business must manage some degree of risk. Venturing into the Latin American marketplace, according to popular perception, is a particularly risky business.
Features
<b><i>Commentary</b></i> The Strange Case Of Justice Breyer
After the U.S. Supreme Court came down with its last decision in June, <i>Ashcroft v. American Civil Liberties Union</i>, PBS Newshour commentator Margaret Warner asked rhetorically: Why in the world was Supreme Court Justice Stephen G. Breyer in the dissent?
Features
Grokster Wins Peer-to-Peer Battle
In what is poised to spark a debate of significant economic impact for the entertainment industry in the United States Supreme Court, a unanimous panel of the Ninth Circuit U.S. Court of Appeals recently ruled that Grokster, Ltd. and StreamCast Networks, Inc. ' distributors of the Morpheus program ' will live another day, as they do not infringe film and music copyrights by facilitating file-sharing over the Internet.
Features
Cases of Note
Cases of interest to the Internet law community.<br><b>Commercial Web Site Does Not Violate DMCA <br>Texan's Web Site Not Violative of ACPA<br></b>
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Net News
Feds Cracking Down On Cybercrime <br>Britain Fires Civil Servants At 'Ministry of Porn' <br>Federal Judge Rules Suit Is No 'Perfect 10' <br>Spike Lee Wins Cyber-squatting Case<br>VeriSign Suit Against ICANN Dismissed<br>California Bill Would Extend Privacy Protection To e-Mail
Features
Oogles Of Google
Stories abound as the popular search engine goes public.
Upcoming Events
American Bar Association Annual Forum on the Entertainment and Sports Industries. Los Angeles, October 8-9. Will cover recent case rulings as well…
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