LJN Newsletters

Rescission" is a dirty word that no policyholder wants to hear, especially when one considers the law relating to this potential forfeiture of coverage in many locales. While some jurisdictions require that a policyholder's misrepresentation or omission be both material and intentional, others do not require a showing of intent to support rescission — a negligent or unintentional misrepresentation is enough, as long as it is "material." Given the amount of information typically requested by insurance companies when coverage is purchased or renewed, and the potential for an inadvertent error during the process, even the most careful policyholder must then wonder: Could I forfeit all of my coverage?

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

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" 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.

Every business must manage some degree of risk. Venturing into the Latin American marketplace, according to popular perception, is a particularly risky business.

After the U.S. Supreme Court came down with its last decision in June, Ashcroft v. American Civil Liberties Union, PBS Newshour commentator Margaret Warner asked rhetorically: Why in the world was Supreme Court Justice Stephen G. Breyer in the dissent?

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.

Cases of interest to the Internet law community.
Commercial Web Site Does Not Violate DMCA
Texan's Web Site Not Violative of ACPA