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Ohio appellate court upholds the enforceability of the floating forum selection clause in NorVergence litigation: The Ohio Ninth District Court of Appeals has held that the floating forum selection in a NorVergence case where all of the lessees are for-profit corporations is enforceable. Preferred Capital, Inc. v. Power Engineering Group, Inc., 2005-Ohio-5113 (Sept. 28).
The court rejected all of the lessees' arguments with respect to the validity of the contract's forum selection clause, noting that one of the objectives of the UCC is to encourage, as a matter of sound economic policy, the free transferability of commercial paper to stimulate financial interdependence. The court remanded this state court matter and the other related consolidated cases to the trial court.
Ohio appellate court upholds the enforceability of the floating forum selection clause in NorVergence litigation: The Ohio Ninth District Court of Appeals has held that the floating forum selection in a NorVergence case where all of the lessees are for-profit corporations is enforceable. Preferred Capital, Inc. v. Power Engineering Group, Inc., 2005-Ohio-5113 (Sept. 28).
The court rejected all of the lessees' arguments with respect to the validity of the contract's forum selection clause, noting that one of the objectives of the UCC is to encourage, as a matter of sound economic policy, the free transferability of commercial paper to stimulate financial interdependence. The court remanded this state court matter and the other related consolidated cases to the trial court.
'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access Lawsuit
Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.