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In the bankruptcy context, a prepayment premium will rarely be triggered by the debtor's voluntary prepayment of debt. Here's why.
Features
Historically, courts were divided as to whether bankruptcy courts had the power to recharacterize purported debt as equity. That debate has essentially ended and the general consensus is that bankruptcy courts can do so.
Columns & Departments
John B. Sivertsen has joined Ranstad North America as its associate general counsel.
Features
With the predominance of Internet marketing now continuously eroding what might be considered the traditional geographic "territories" of different licensees, the potential for conflict only becomes more acute.
Frank "Peter" Petrella helped world middleweight champion Jake LaMotta teach actor Robert De Niro how to box for the Academy Award-winning film <i>Raging Bull</i>. Now Petrella's daughter is taking those fight lessons into a different arena ' the U.S. Supreme Court.
Features
Ninth Circuit federal appeals court Chief Judge Alex Kozinski recently questioned whether federal courts should hear motions to strike under California's "ant-SLAPP" statute. He wrote that the state statute "cuts an ugly gash through" the "integrated program of pre-trial, trial and post-trial procedures" set out in the Federal Rules of Civil Procedure.
Many franchise executives spend most, if not all, of their time working in their businesses and their franchise systems. They have few opportunities to get together with other franchise executives and exchange best practice ideas and solutions for their major challenges.
Columns & Departments
The Instrumentality Test For Determining Franchisor Vicarious Liability
Features
Prompted by a case involving threats made on Facebook, the Third Circuit has ruled the objective-intent standard for assessing threats still stands.
In this day and age, most law firms have a website and use the Internet as a large part of their overall marketing scheme. However, the ethical considerations are plentiful and not always clear-cut. Even if your firm utilizes a Web developer or marketing firm, it is ultimately the lawyer's responsibility to ensure that his or her Internet marketing is compliant with the applicable rules of professional conduct and state law.