In the Marketplace
June 26, 2012
Highlights of the latest equipment leasing news from around the country.
Secured Creditors Win Right to Credit Bid
June 26, 2012
In a major victory for secured creditors, the U.S. Supreme Court unanimously held that a Chapter 11 plan involving a sale of secured property free and clear of a creditor's lien must afford the secured creditor the right to credit bid for the property under section 363(k) of title 11 of the United States Code.
The Distressed Shipping Market Attracts Private Equity
June 26, 2012
Since the collapse of Lehman Brothers, private equity has explored the distressed markets to find hidden value. With the decline in world demand, the workhorse of the transportation sector, shipping, is an obvious target. This article explores some of the risks in an investment in shipping.
TOUSA Case Takes Another Twist
June 26, 2012
The closely watched TOUSA, Inc. case took another twist on May 15, when the Eleventh Circuit Court of Appeals reversed the decision of the U.S. District Court for the Southern District of Florida and reinstated the bankruptcy court opinion in its entirety. The decision reinforces the level of diligence and care that lenders must undertake in cases involving borrower subsidiaries, especially with respect to upstream loan transactions.
The Valuation of Inventory
June 26, 2012
This article is the fourth installment in an ongoing series focusing on accounting and financial matters for corporate counsel.
Shareholder Meetings
June 26, 2012
The night before a company's annual shareholder meeting probably isn't the best time for executives to start getting ready for potential questions from investors. This article provides a list of what company execs should know about what shareholders want to know.
Captive Insurance Considerations for Franchises
June 25, 2012
Forming a captive insurance company provides a number of unique advantages to franchisors and groups of franchisees, starting with reduced premiums. Quite possibly the most significant advantage of the captive insurance model, especially for franchisees, is the ability to protect against liabilities that would otherwise be difficult to insure.
Establishing Ambiguity of Policy Language
June 25, 2012
Traditionally, ambiguity in policy language was assessed by considering only the "four corners" of the contract. However, some jurisdictions now adhere to a "modern view" that allows extrinsic evidence to be considered in establishing contractual ambiguity. This article provides an overview of these approaches and offers a case study representing each method.
Excess Policy Attachment: Policy Language Prevails
June 25, 2012
There is now a clear trend by courts to enforce the unambiguous attachment language in excess policies (which historically required payment by the underlying insurers of the full amount of the underlying limit as a condition to liability attaching to the excess policy). Those recent cases and their impact on future claims are summarized in this article.
News Briefs
June 25, 2012
Highlights of the latest franchising news from around the country.
