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Features

How the Recession Has Complicated Judgments By Confession Image

How the Recession Has Complicated Judgments By Confession

Kevin R.J. Schroth

In ordinary economic times, the most common deficiency in applications for judgment by confession is the failure to include sufficient detail concerning the basis for a judgment. Recently, however, the pendulum has swung in the opposite direction. Instead of providing insufficient detail, attorneys have been filing exceedingly complex applications based on sophisticated and voluminous commercial transactions, many of which have been denied because, in short, they are too complicated.

Features

Update on Vessel Leasing Issues Image

Update on Vessel Leasing Issues

Nancy L. Hengen & James H. Hohenstein

This article covers several vessel-leasing-related topics that have increasing prominence in today's world, including: ship recycling issues; the increasing tendency to treat environmental events as criminal; Section 1110 of the Bankruptcy Code; and piracy.

Features

News Briefs Image

News Briefs

ALM Staff & Law Journal Newsletters &

Highlights of the latest franchising news.

Features

Sustainable Development Image

Sustainable Development

Michael J. Lusardi

Despite common assumptions that today's environmental concerns stem from automobile emissions and industrial pollution, buildings actually have a comparably greater impact on the planet's environmental dilemma. Here's why going green helps developers and owners alike.

Features

Court Watch Image

Court Watch

Darryl A. Hart & Charles G. Miller

Highlights of the latest franchising cases from around the country.

Features

Reasons to Reevaluate REAs Image

Reasons to Reevaluate REAs

Sheldon A. Halpern

This article raises the issue of whether it is now appropriate to reevaluate some of the primary provisions ' both business and legal 'of REAs.

Features

Understanding GAAP Image

Understanding GAAP

Joan Rood & Laura Kinney

So many contracts contain the phrase "in accordance with generally accepted accounting principles," but do lawyers really understand what this phrase means or how it may affect a client in any given contract?

Features

Constructive Termination and Constructive Nonrenewal Claims Image

Constructive Termination and Constructive Nonrenewal Claims

Craig R. Tractenberg

On March 2, 2010, the U.S. Supreme Court unanimously held that a franchisee that stays in business cannot sue for constructive eviction under the Petroleum Marketing Practices Act. The Court also decided that a franchisee waives its constructive nonrenewal claim when it enters into a renewal agreement.

Features

Minimizing Penalties for Unreported Foreign Bank Accounts Image

Minimizing Penalties for Unreported Foreign Bank Accounts

Bryan C. Skarlatos & Michael Sardar

Taxpayers with unreported foreign bank accounts are sweating bullets these days. The IRS is in the midst of an unprecedented crackdown on foreign bank accounts.

Features

Defending the Preference and Fraudulent Transfer Safe Harbor Image

Defending the Preference and Fraudulent Transfer Safe Harbor

Michael L. Cook

Last month, we discussed the fact that the The Bankruptcy Code ("Code") has at least nine so-called "safe harbor" (i.e., bankruptcy insulating) provisions for financial contracts. The article concludes herein.

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