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Vendors, Keep Your Promises
A recent decision by the Minnesota Supreme Court addressed the enforceability of a provision commonly found in vendor program agreements ' that a transaction presented by the vendor to the lessor/financier is valid and enforceable. The Minnesota Supreme Court upheld the clause under Minnesota law, creating important precedent for vendor liability under long-standing principles of contract law.
Background
Under the contract (the “Agreement”) between Lyon Financial Services, Inc. (“Lyon”) and Illinois Paper and Copier Company (“Illinois Paper”), Lyon obtained the right to finance transactions for Illinois Paper's commercial customers, with Illinois Paper supplying the copying equipment that was financed, and providing maintenance on the equipment. In the Agreement, Illinois Paper represented that “all lease transactions presented to [Lyon] for review are valid and fully enforceable agreements.” Pursuant to the Agreement's terms, transactions submitted to Lyon under the Agreement are non-recourse to Illinois Paper, unless the latter breaches its representations and warranties.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.