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Commercial Law

Features

Antitrust Unlikely to Restrict Today's 'Runs,' 'Clearances' in Film Distribution

Bruce H. Schneider

In the years since the Paramount/Loew's decree was issued, antitrust law has evolved, giving greater flexibility to manufacturers and distributors in granting territorial or customer exclusivity.

Features

Class Action Waivers in Employment-Related Arbitration Agreements

K. Bryance Metheny

For all employers, especially franchisors and franchisees who often utilize unique employment models, <i>Concepcion</i> and the cases interpreting it provide valuable lessons. Businesses have been given a road map for every contractual agreement in which arbitration provisions might appear, and the signposts point to fairness.

Features

Creditor Recoupment

Michael L. Cook & Karen S. Park

The U.S. Court of Appeals for the Eighth Circuit recently held that equitable considerations could not prevent a creditor's recouping of amounts owed to it by a Chapter 7 debtor.

Features

Perfection and Priority of a Security Interest in Internationally Mobile Goods

James F. Fotenos

Even if a loan to a borrower is made by the Cayman Islands branch of a lender, and thus neither lender nor borrower has any "presence" in New York (other than, not atypically, lender's counsel), the parties' choice of New York law should be effective, as New York permits parties to commercial agreements involving not less than $250,000 to "agree that the law of this state shall govern their rights and duties in whole or in part, whether or not such contract, agreement or undertaking bears a reasonable relation to this state."

Features

Practice Tip: Common-Law Indemnification

Alan D. Kaplan & Marisa A. Leto

This article provides an in-depth discussion of the concept of common-law indemnification, using New York State to illustrate how the law has evolved in that state. Be aware that many states have their own peculiarities that must be identified at the outset of any litigation so that an appropriate strategy can be devised.

Features

Enforcing Post-Marketing Requirements

Alan Minsk & Diana Cohen

A recent FDA Warning Letter suggests that the agency will not hesitate, when necessary, to exercise its power to enforce post-marketing requirements (PMRs) for approved drug products.

Features

Understanding Insurance in Retail Leases

Gary A. Glick

A summary of some of the most important and commonly negotiated insurance-related concepts in retail leasing.

Features

Company-Appointed Rep May Commence Chapter 15 Case

Pedro A. Jimenez & Mark G. Douglas

As the seventh anniversary of the enactment of Chapter 15 of the Bankruptcy Code draws near, the volume of Chapter 15 cases commenced in U.S. bankruptcy courts on behalf of foreign debtors has increased rapidly. And so has related litigation.

Features

Costs of Cashless Transactions Raise Conflicts Between Franchises, Card Issuers, Banks

Kevin Adler

For merchants of all types, accepting credit card and debit card payments is almost a requirement of doing business in today's increasingly "cashless" economy. However, as the numbers of these transactions have increased, the costs that merchants must absorb on those payments have become a serious issue.

Features

A Primer on Insurance Coverage for Live Events

Susan Page White

Even if a concert venue carries liability insurance to cover the scheduled performance, it is important for the musical group to carry its own liability and property insurance. And because cancellations, postponements, and the inability of the performer to take the stage also often occur due to unforeseen circumstances, those with a financial stake in the live event could also benefit greatly through the purchase of event cancellation and/or non-appearance insurance.

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    When a company declares bankruptcy, avoidance actions under Chapter 5 of the Bankruptcy Code can assist in securing extra cash for the debtor's dwindling estate. When a debtor-in-possession does not pursue these claims, creditors' committees often seek the bankruptcy court's authorization to pursue them on behalf of the estate. Once granted such authorization through a “standing order,” a creditors' committee is said to “stand in the debtor's shoes” because it has permission to litigate certain claims belonging to the debtor that arose before bankruptcy. However, for parties whose cases advance to discovery, such a standing order may cause issues by leaving undecided the allocation of attorney-client privilege and work product protection between the debtor and committee.
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