Case Briefs
July 30, 2008
Medical Services Must Be Legally Rendered to Qualify for Payment
Unfavorable Forum Selection Clauses
July 30, 2008
More and more frequently, insurers are including 'choice of forum' provisions in their policies in which these insurers identify a particular state or country where coverage litigation 'must' be pursued. While in the past few decades a body of law has developed in federal courts that provides some support for this approach, the standard is not nearly as rigid as insurers would have their insureds and courts overseeing coverage litigation believe.
Court Watch
July 30, 2008
Recent rulings of interest to you and your practice.
The 'Sophisticated Insured' Defense
July 30, 2008
A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
Conflicts of Interest Between an Insurer and Its Insured
July 30, 2008
This article examines potential conflicts of interest between an insurer and its insured and the extent of an insured's right to its own independent counsel in such circumstances. This article also discusses other situations that may raise conflicts of interest between an insurer and an insured sufficient to trigger a right to independent counsel. Finally, it considers whether the insurer or the insured has the right to select that counsel.
Marketplace
July 30, 2008
Highlights of the latest equipment leasing news from around the country.
Credit Applications
July 30, 2008
Although credit applications assist lessors in making these credit decisions, the lessor should make sure that it avoids the pitfalls of the Equal Credit Opportunity Act ('ECOA') and that the financial information it obtains through the credit application is stored appropriately to avoid liability under various state laws regulating the storage of private financial information. This article discusses the components of a good credit application, the requirements of the ECOA, and the best practices for storing private financial information.
Leasing of Solar Energy Equipment
July 30, 2008
For traditional institutional equity investors in leveraged and single-investor equipment lease transactions, solar equipment may offer an attractive investment opportunity. Leasing solar equipment may also provide an attractive investment structure for traditional investors in power projects looking to expand investments in renewable energy projects.
Q&A with Sean Kelly, Franchise Blogger
July 30, 2008
Franchisees complain about the imbalance of power between themselves and franchisors, especially when franchisor-franchisee relationships go awry. The Web has changed that dynamic significantly by giving franchisees an easy way to voice their complaints widely and anonymously. Sean Kelly is providing one of the most popular forums for franchisees to vent about franchisors ' whether fairly or unfairly. A 20-year veteran of the franchising industry who participated in the startup of more than 100 franchises concepts, Kelly started a series of franchise-related blogs in November 2006 that have quickly become must-reads for franchisors, franchisees, franchise counsel, and consumers.
Protecting Intellectual Property in a 'Flat' World
July 30, 2008
Just as airplanes made the world feel smaller geographically, globalization and the Internet have made it feel smaller economically. The Internet has so fundamentally changed the way people do business that it is difficult to remember the days, not too long ago, when similar trademarks could co-exist on similar products and services (if not always happily) in different regions of the country.
