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New UCC Legislation: The Creation of a Substantial Debtor Name Due Diligence Burden Image

New UCC Legislation: The Creation of a Substantial Debtor Name Due Diligence Burden

Paul Hodnefield

Two states recently enacted non-uniform amendments to UCC Article 9 that should be of urgent concern to the equipment leasing and finance industry.

Features

Market-Based MAC and Termination Fee Clauses on the Rise, But Subject to Pitfalls Image

Market-Based MAC and Termination Fee Clauses on the Rise, But Subject to Pitfalls

G. Thomas Stromberg & Justin Rawlins

Two types of contract clauses are commonly cited when a buyer or financing source desires not to make good on its commitment. These clauses are material adverse change clauses and termination fee clauses. Several recent cases show that good draftsmanship and a clear understanding of their intended effect are essential in heading off disputes when implementing these provisions.

Features

<b>Decision of Note:</b> 'Video' License Encompassed Mobile Delivery Image

<b>Decision of Note:</b> 'Video' License Encompassed Mobile Delivery

ALM Staff & Law Journal Newsletters &

The Appellate Court of Illinois decided that a license to use the trademark 'March Madness' 'to advertise, promote, and sell publications, videos, and media broadcasts' included the right to deliver on-demand video content to mobile wireless devices.

Features

e-Commerce Meets American Idol Image

e-Commerce Meets American Idol

Stanley P. Jaskiewicz

With review sites, blogs and commentary appearing everywhere online ' and who knows if anyone other than these sites' creators read them ' let's examine the legal implications of online commentary, everything from writing a review of a book you love on Amazon.com, to registering a domain name and creating a Web site.

Features

Take Caution Before Transferring Portions of a Project (Especially to Affiliates) Image

Take Caution Before Transferring Portions of a Project (Especially to Affiliates)

Xavier L. Gutierrez

Because the challenges facing a developer multiply when it no longer owns an entire project, careful planning and documentation are required in advance of any transfer. While this article addresses issues that arise when different portions of a project are owned by different parties (transfers in general), the main focus is on the issues that arise when different portions of the project are owned by affiliated parties (transfers to affiliates), primarily because those issues are easy to overlook.

Features

The Marital Residence Image

The Marital Residence

Mark I. Plaine

In matrimonial litigation the marital residence often constitutes the parties' most valuable asset. Equitable distribution of this asset can involve issues that may or may not have been anticipated at the outset of the litigation. Within the process of accomplishing an equitable division of the home are considerations of separate property credits, capital gains taxes, expenses relating to the residence and timing of valuation of the home. In this month's issue, we discuss separate property credits.

Features

Drug & Device News Image

Drug & Device News

ALM Staff & Law Journal Newsletters &

The latest happenings for your review.

Features

Med Mal News Image

Med Mal News

ALM Staff & Law Journal Newsletters &

Recent items of interest.

Features

From Test Tube to Testate Image

From Test Tube to Testate

Ellen Schiffer Berkowitz

As the definition of family becomes increasingly complex, so does the definition of children and further descendants. Who is (and who is not) deemed to be a legal child of a marriage has implications throughout family law. How the law treats adopted children, those born out of wedlock, those born as a result of egg and sperm donation, those born via surrogates and even children conceived after the death of a parent affects support obligations,'

Features

Eminent Domain Law Image

Eminent Domain Law

ALM Staff & Law Journal Newsletters &

A recent important case.

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