Selling a Franchise Company to an ESOP
Business owners exploring exit planning options may have been introduced to the idea of selling some or all of their stock to an Employee Stock Ownership Plan.
Features
Courts Address Clickwrap and Electronic Contracting
This article reviews the various types of online agreements, including the more modern hybrid clickwrap transactions, as well as the characteristics of enforceable online agreements.
Features
Change of Custody: When Is a Hearing Required?
The Appellate Division, Second Department, has held that it is reversible error for a court to change custody, "even temporarily," without a hearing.
'Peek-a-Boo' with Forensic Custody Reports
Which individuals can see a forensic report and under what circumstances? A look at a recent decision.
Preserving Native-American Heritage over Other Best-Interest Considerations
The U.S. Supreme Court has agreed to hear the appeal of <i>Adoptive Couple v. Baby Girl</i>, 398 in which the Supreme Court of South Carolina confirmed a lower court's return of a Native-American child to her biological father, a member of the Cherokee Nation.
Columns & Departments
Movers & Shakers
Who's doing what; who's going where.
Privilege in the Cedent-Reinsurer Relationship
Recent decisions should give cedents and reinsurers pause about how they fulfill their duties to each other, while still protecting privileged communication from counsel.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›