Credible Fraudulent Transfer Advocacy
Appellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.
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Continued Industry Growth Expected Through Year' s End
November 02, 2014
The Equipment Leasing & Finance Foundation has released its Q4 update to the 2014 Equipment Leasing & Finance U.S. Economic Outlook, which forecasts investment in equipment and software to grow 5.5% in 2014. This is revised up from the Q3 update forecast of 2.6% growth issued in July.
The Expansion of the CA Mental Health Parity Act's Requirements for Treatment of Eating Disorders
November 02, 2014
Recently, California courts found that the Parity Act requires health insurance providers to cover certain services used to treat eating disorders that were excluded from coverage in the insureds' policies. This article summarizes these decisions and discusses the implications for health insurance providers.
When Does 'Voluntary Payment' Preclude Recovery of Overcharges?
November 02, 2014
When a tenant erroneously pays more rent than a lease requires, can the tenant recover the amount of the excess payments? Answering that question requires exploration of the perplexing voluntary payment doctrine, which continues to rear its head in New York cases.
Decisions of Interest
November 02, 2014
A major ruling in which a non-custodial father had no cause of action.
Development
November 02, 2014
A case in which a board's special permit denial was entitled to deference.
Allocating Costs to Policyholders for Periods of No Insurance
November 02, 2014
Last month, we discussed the fact that the "unavailability exception" originated with <I>Owens-Illinois, Inc. v. United Insurance Co.</I> The discussion continues herein.
Fifth Circuit Vacates DIP Financing Orders
November 02, 2014
The Fifth Circuit, recently vacated five bankruptcy court and district court Chapter 11 debtor-in-possession (DIP) financing orders due to: 1) the lender's lack of good faith in relying on a third party's shares of stock as collateral; and 2) the bankruptcy court's lack of subject matter jurisdiction to authorize a lien on third party collateral subject to disputed ownership claims.
Measuring Firm Quality with Client Value Initiatives
November 02, 2014
When it comes to competitive pricing, both clients and law firms are more and more focused on quality. That sounds good, but how can quality best be represented in actual metrics? While quality is a degree of excellence, what makes that degree marketable enough so that customers can swiftly leverage metric "facts" as a guide in the counsel selection process? Furthermore, how can these quality metrics be leveraged to delineate themselves from one another? The goal should be to highlight experience as an actual quality success metric rather than just attractive pricing.
Practice Management Takes Hold in Smaller and Mid-Size Firms
November 02, 2014
Even though lawyer management in most mid-size firms recognize the importance of developing and implementing principles of practice management as a means to insure the high quality service to clients and to improve profitability, the extent to which practice management may be implemented varies greatly from firm to firm.
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- The 'Friendly Fraud' ChargebackThe abuse of the chargeback option has resulted in a "friendly fraud" epidemic harming not only merchants, but the very consumers the programs were designed to help.Read More ›