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  • The terms of, and promises made in, a mortgage loan for a shopping center control the operation, ownership of and disposition of that shopping center so long as that loan remains outstanding.

    July 26, 2013Jo-Ann Marzullo and Brian Atherton
  • Although actual failures appear to have declined, the FDIC's list of nearly 700 "problem" banks reveals that the problem of inadequate bank capitalization and the need for restructuring remains strong.

    July 25, 2013Louis T. DeLucia
  • A San Francisco federal jury found that early versions of Electronic Arts' Madden NFL Football were derivative works of a game created by Robin Antonick. The verdict ' the second favoring Antonick in a three-phase trial ' will be worth between $3.5 million and $11.6 million in unpaid royalties, pending a decision on prejudgment interest, according to one of Antonick's attorneys.

    July 24, 2013Scott Graham
  • Copyright Infringement/Contempt Motion Denied
    Venue Competition/Expert Witnesses

    July 02, 2013Stan Soocher
  • The FASB and IASB issued the second Exposure Draft ("ED") of the proposed new leasing rules on May 16, 2013 with a deadline for comments of Sept. 13, 2013. The ED is an improvement over the 2010 ED in that it is closer to current GAAP in areas such as the definition of the lease term and lease payments.

    July 02, 2013Bill Bosco
  • Who's doing what; who's going where.

    July 02, 2013ALM Staff | Law Journal Newsletters |
  • A dismissed lawsuit over the rights to the Ghost Rider comic book character has been revived and sent back for trial. The U.S. Court of Appeals for the Second Circuit decided that Gary Friedrich, who claimed he created the flaming-skull motorcycle superhero, will get a chance to challenge Marvel Comics' claim that the character was the result of a collaborative process within Marvel.

    July 02, 2013Mark Hamblett
  • In the last several years, private investment groups and wealthy, experienced business owners have showed increased interest in purchasing franchisees. At the same time, food and retail franchisors have moved more deeply into developing units at nontraditional locations. These twin developments have been, for the most part, highly positive for the franchising industry. However, both trends have raised one major challenge for franchisors: negotiating contract terms that deviate from their standard FDD.

    July 02, 2013Kevin Adler
  • Finance Companies' Rights to Collect
    True Lease vs. Security Interest: In General
    Lessors' Damages: Measures and Entitlement
    Vendor Issues
    End-of-Term Lease Provisions
    Forum Selection, Jurisdiction and Choice of Law
    Assignments of Leases

    July 02, 2013Robert W. Ihne