Come 'Hell or High Water,' the Lessee Must Pay: Federal Court Upholds Defense Waiver
September 09, 2004
Come hell or high water" has been a motto of movie tough guys since the genre was invented. But as melodramatic as it may sound, it also has application in the world of business as well. Specific to the leasing industry, the phrase connotes a clause or condition of a leasing agreement that mandates the payment of all rent, fees, and costs to the lessor by the lessee, regardless of any intervening circumstances. Put succinctly, a lessee executing a deal with a "hell or high water clause" waives all of its defenses and is indefeasibly bound to pay its due to the lessor.
<b><i>Commentary</b></i> The Strange Case Of Justice Breyer
September 08, 2004
After the U.S. Supreme Court came down with its last decision in June, <i>Ashcroft v. American Civil Liberties Union</i>, PBS Newshour commentator Margaret Warner asked rhetorically: Why in the world was Supreme Court Justice Stephen G. Breyer in the dissent?
Grokster Wins Peer-to-Peer Battle
September 08, 2004
In what is poised to spark a debate of significant economic impact for the entertainment industry in the United States Supreme Court, a unanimous panel of the Ninth Circuit U.S. Court of Appeals recently ruled that Grokster, Ltd. and StreamCast Networks, Inc. ' distributors of the Morpheus program ' will live another day, as they do not infringe film and music copyrights by facilitating file-sharing over the Internet.
Cases of Note
September 08, 2004
Cases of interest to the Internet law community.<br><b>Commercial Web Site Does Not Violate DMCA <br>Texan's Web Site Not Violative of ACPA<br></b>
Net News
September 08, 2004
Feds Cracking Down On Cybercrime <br>Britain Fires Civil Servants At 'Ministry of Porn' <br>Federal Judge Rules Suit Is No 'Perfect 10' <br>Spike Lee Wins Cyber-squatting Case<br>VeriSign Suit Against ICANN Dismissed<br>California Bill Would Extend Privacy Protection To e-Mail
Oogles Of Google
September 08, 2004
Stories abound as the popular search engine goes public.
Upcoming Events
September 07, 2004
American Bar Association Annual Forum on the Entertainment and Sports Industries. Los Angeles, October 8-9. Will cover recent case rulings as well…
Case Notes
September 03, 2004
Highlights of the latest product liability cases from around the country.
Successor Liability Claims in Bankruptcy
September 03, 2004
More often than not, bankruptcy filings lead to the sale of a business as a going concern. Such sales are frequently concluded prior to confirmation of a plan of reorganization by resort to Section 363 of the Bankruptcy Code. Section 363 authorizes the sale of a bankrupt company "free and clear of any interest in such property." 11 U.S.C. '363(f). Product liability claims, though, can occur suddenly and seemingly at random long after the sale of the assets to the successor. The successful purchaser may have thought that the "free and clear" sale order was a legal barrier to successor liability. The prudent product liability practitioner knows otherwise.
