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Dangers of Waiver-of-Defense Clauses in Leases

A lessee entering into a new lease agreement must be mindful of a waiver-of-defense clause. If a lease agreement contains a waiver-of-defense clause and the lease is later sold or assigned, the purchaser or assignee, if it is a holder in due course, will take the lease free and clear of numerous defenses (including a fraud in the inducement defense) otherwise available to the lessee had the lease not been sold or assigned.

In The Marketplace

Highlights of the latest equipment leasing news from around the country.

Come 'Hell or High Water,' the Lessee Must Pay: Federal Court Upholds Defense Waiver

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.

Managing the Risks of Doing Business in Latin America

Every business must manage some degree of risk. Venturing into the Latin American marketplace, according to popular perception, is a particularly risky business.

Commentary The Strange Case Of Justice Breyer

After the U.S. Supreme Court came down with its last decision in June, Ashcroft v. American Civil Liberties Union, 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

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

Cases of interest to the Internet law community. Commercial Web Site Does Not Violate DMCA Texan's Web Site Not Violative of ACPA

Net News

Feds Cracking Down On Cybercrime Britain Fires Civil Servants At 'Ministry of Porn' Federal Judge Rules Suit Is No 'Perfect 10' Spike Lee Wins Cyber-squatting Case VeriSign Suit Against ICANN Dismissed California Bill Would Extend Privacy Protection To e-Mail

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