Features
2013 Outlook Is Stable for U.S. Finance and Leasing Companies
Fitch Ratings forecasts stability in its recently released report <i>2013 Outlook: U.S. Finance and Leasing Companies</i>.
Features
Impact of Private Equity on Franchising
As 2013 begins, franchising is being transformed by major investments in franchise systems by private equity funds. <i>FBLA</i> asked leading franchise attorneys how they see private equity affecting the industry, and their responses reflect widespread optimism that these investors are bringing much more than (the widely appreciated) funding that can fuel franchise expansion.
Features
News Briefs
Highlights of the latest franchising news from around the country.
Features
Less Is More in Database Discovery
If corporate counsel has good lines of communication and support from internal information technology and/or e-discovery personnel, they likely will not need to maintain an in-depth understanding of specific databases and applications. Counsel should, however, understand several key database principles that can affect the discovery process.
Features
Online Holiday Shopping Hits New High
On Nov. 23, this year's Black Friday, online retail sales tipped over the $1 billion spending brim for the first time, with consumers picking up holiday bargains topping out at $1.042 billion on the Internet, according to comScore, a digital-activity measurement company.
Features
<i><b>Commentary</i> Lessons in Decision on Nash Bridges Actor Services Agreement</b>
The recent decision in <i>Don Johnson Productions Inc. (DJP) v. Rysher Entertainment LLC</i> packed a punch on a number of important issues.
Features
Social and Mobile Media Games Creation Raise Sensitive Legal Issues for Developers
The social and mobile game industry is experiencing rapid growth as thousands of gaming companies and developers make their games available on iTunes, Facebook and other platforms in the hope of launching the next <i>FarmVille</i> or <i>Angry Birds</i>. The popularity of social and mobile games is expected to expand as sales of tablet computers and smartphones rise. In this competitive landscape, it is not uncommon to find new games that are similar to established popular games, even bearing similar names and features.
Features
In the Marketplace
Highlights of the latest equipment leasing news from around the country.
Features
Equipment Finance Industry Compensation Increases for Second Consecutive Year
Sustained economic growth resulted in an increase in compensation among originators in the equipment finance industry in 2011, according to the 2012 Equipment Leasing & Finance Compensation Survey from the Equipment Leasing and Finance Association and the performance reward consulting and benchmarking firm for the financial services sector, McLagan.
Features
Avoiding the Excess Layers
Several courts have recently held that an insured bears the burden of demonstrating proper exhaustion of underlying policies, including where multiple policies are involved in a settlement. These decisions have prevented insureds from accessing millions of dollars in excess coverage based on the unambiguous exhaustion language included in the operative excess policies.
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MOST POPULAR STORIES
- The 'Sophisticated Insured' DefenseA majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.Read More ›
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›
- The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and OpportunitiesLike poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.Read More ›
- Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric CodeIn an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.Read More ›
- Guidance on Distributions As 'Disbursements' and U.S. Trustee FeesIn a recent case from the Bankruptcy Court for the District of Delaware, In re Paragon Offshore PLC, the bankruptcy court provided guidance on whether a post-plan effective date litigation trust's distributions constituted disbursements subject to the U.S. Trustee fee "tax."Read More ›