Franchisor-Supplier Relationships
It appears that many franchisors have no formal long-term or, for that matter, short-term agreements with their suppliers. Is this an unhealthy move by these franchisors?
Features
Unintended Effects of a 'Belts and Suspenders' Approach
Commercial landlords should carefully review what their tenants are requesting to be recorded against the landlords' fee interests in their properties, and ensure that such documentation is not so ambiguous or overly broad that it could have unintended consequences.
Features
In the Spotlight: Shopping Center Declarations
A commercial tenant contemplating a lease in a shopping center or adjacent outparcel has its work cut out for it in terms of due diligence required.
Features
In the Courts
A recent case about sentencing guidelines.
The Internal Revenue Code and FCPA Violations
The authors continue herein with their discussion of tax consequences that may accrue when the U.S. federal government finds a company in violation of the Foreign Corrupt Practices Act (FCPA).
Conducting Discovery in Japan
Conducting discovery in Japan is not easy and litigants should not expect to obtain nearly the same quantity or quality of information from Japan. However, if you know the available discovery devices and the special procedures to take advantage of those devices, discovery may not be lost.
Features
Grand Jury Immunity and Section 1983 Actions
Two recent decisions addressed the scope of grand jury witness civil immunity in the context of 42 U.S.C. ' 1983 actions. They are discussed herein.
Losing Bidder Has Standing to Seek Reimbursement of Fees and Expenses
A New York bankruptcy court recently held that a losing acquiror in a competing Chapter 11 plan fight had "standing" to seek reimbursement of its legal fees and expenses as a "substantial contribution" to the reorganization case.
Valuation Litigation
The recent <i>In re Heritage Highgate, Inc.</i> decision provides important lessons to bankruptcy litigators addressing the shifting burdens of proof required in valuation litigation under Section 5 (a) of the Bankruptcy Code.
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