Motor Vehicle Leasing in Canada: A Guide for U.S. Leasing Professionals
December 28, 2006
In the past, I have written a number of articles directed at U.S. leasing professionals on what they should know about doing business in Canada. These past articles have focused on the leasing business in general as opposed to any particular sector. They discussed broad issues, such as withholding tax and regulatory concerns, but did not examine the specifics of any particular class of collateral or industry sector. During the past several months, I have received a number of inquiries from U.S. lessors in regard to the financing of motor vehicles in Canada. It became readily apparent that not only are there significant differences in law and practice affecting Canadian and U.S. lessors, there also exists a general misunderstanding of the laws of Canada. While generally, Canadian and U.S. law and practice are similar, one area in which they are divergent is motor vehicles. This article, while far from being a complete guide, provides certain guidance as to the most significant concerns.
The Enforceability of Prepayment Premium Provisions
December 28, 2006
Lessors and lenders need to be aware of a recently issued U.S. District Court decision addressing the enforceability of a prepayment premium in a mortgage loan context. The decision in <i>River East Plaza, LLC v. The Variable Annuity Life Company</i> (Slip Copy, 2006 WL 2787483 (N. D. Ill.)) was rendered on Sept. 22, 2006, by the U.S. District Court for the Northern District of Illinois (Eastern Division), construing Illinois law.
Technology and Policy Issues with Acquiring Digital Collections
December 28, 2006
Undeniably, one of the biggest content growth areas for electronic information resources is with the digitization of print materials. For well over a decade, lawyers have had full-text access to court cases, statutes, regulations and thousands of news sources the day they are published. What wasn't available until fairly recently was electronic access to deep historical collections of materials such as law reviews or legislative documents, let alone court filings or records. For materials of this nature that were available, they could rarely be obtained as scanned documents in collections that are easy to use.<br>In acquiring access to new digital collections, law firms and other information consumers need to think about issues of cost, technology requirements and ease of use. Beyond that, merely acquiring a new collection will not ensure that all people who need the information will know it exists when the need for that information arises. This article addresses several topics relating to digitized collections, framing the discussion by first discussing two legal-specific digitization projects available for private law firms.
<b>Media & Communication Corner: </b>Looking Back at the M&C Professionals Series
December 28, 2006
In the midst of 2006, Jaffe's public relations group turned its attention to some of the most notable law firm media and communications professionals currently working in house. Thanks to the candor of these people, we were able to provide snapshots of their work, their departments and their insight about law firm marketing. On behalf of the Jaffe authors, I again thank all of the participants for their time and their thoughtfulness. As we wrap up 2006, let's look back at some of the highlights in the series.
<b>Corner Office: </b>Growth: An Imperative For Survival
December 28, 2006
Do your current clients provide a steady stream of work that keeps all your lawyers busy? Are new clients constantly knocking at your door with new work based solely upon your firm's reputation? If that's your situation, stop here and read no further. You are in law firm nirvana.<br>Unfortunately, the other 99% of you managing partners are not so lucky.
More from the Best of MLF 2006
December 28, 2006
In last month's issue, we covered the best of MLF from February to and including June 2006. In this issue, we will take a look back at July through November.
Some Questions ' and Answers ' on Managing a Law Firm
December 28, 2006
As law firms have continued to grow and the practice of law has become even more of a business, firms are now giving serious attention to how to manage the firm. As they cope with this issue, firms raise many questions. Here are some of the ones they most frequently ask us as consultants ' and our answers.
Practice Tip: Buyer (of the Assets of a Company) Beware
December 28, 2006
Company X is evaluating whether it should purchase the assets of Company Y, which manufactures lawnmowers. Company X has been looking to break into the lawnmower market and sees the purchase of Company Y's assets as an excellent opportunity to do so. Company X is considering two courses of action if it purchases Company Y's assets: 1) continue the manufacture of Company Y's lawnmower product line, using Company Y's designs, specifications, diagrams, blueprints, personnel, and manufacturing facilities; or 2) cease the manufacturing of the product line, but continue Company Y's ancillary business of repairing and servicing the lawnmowers it sold to its customers. Company X comes to you with a seemingly straightforward question: Under these two scenarios, will it be held liable for product liability claims arising from Company Y's manufacture and sale of defective lawnmowers, even if, as part of the asset purchase, it expressly declines to assume Company Y's liabilities? Unfortunately, based on the current state of the law, you will not be able to provide Company X with an easy, clear-cut answer.
Is Your Web Site COPPA Compliant?
December 28, 2006
In 1998, Congress passed the Children's Online Privacy Protection Act (COPPA), broadly expanding the Federal Trade Commission's (FTC) enforcement powers in the Internet arena. Since then, states and the FTC have become more active in regulating the collection, use and security of consumer's personal information generally. However, the protection of children's personal information remains a top FTC enforcement goal, and the commission has become more aggressive in enforcement of COPPA each year. Companies that fail to proactively act to ensure COPPA compliance do so at the risk of seven-figure penalties. <br>This article provides Web site operators with suggestions on how to comply with the spirit of COPPA when legal obligations are not crystal clear, as in the case when the operator of the Web site in question believes that it can make a good faith effort to be a 'general audience' Web site, but has reason to believe that the site may attract visitors under the age of 13 and is unsure how the FTC will view and treat the site.
