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How 2018 Tax Changes Will Affect Companies Focused on Truck Acquisition Image

How 2018 Tax Changes Will Affect Companies Focused on Truck Acquisition

Brian Holland

Corporations with private fleets in the U.S., as well as for-hire carriers, have begun ordering faster than before. As the economy continues to strengthen, this trend will continue to grow and so will the need to replace aging equipment.

Features

Surviving the Retail Shift Image

Surviving the Retail Shift

Kelly D. Stohs & David P. Vallas

<b><i>Looking Ahead: Lessons Learned.</i></b><p><i><b>Part Five of a Five-Part Series.</i></b><p>As Mark Twain quipped, "The reports of my death are greatly exaggerated." So too is the reported retail "apocalypse" and "death" of the shopping center. In fact, U.S. retailers opened 1,326 more locations in 2017 than they closed. When restaurants are added to the mix, there were a total of 4,080 new openings in 2017 and another 5,050 openings planned this year.

Features

Recognizing the Signs of Financial Distress Image

Recognizing the Signs of Financial Distress

Steven Strom

Diagnosing financial distress, and the ability to address the relevant issues, is a necessary role of board members and senior executives.

Features

Shipping Insolvencies and Texas Businesses Image

Shipping Insolvencies and Texas Businesses

Nicole Hay & Thomas Scannell

Texas businesses and their attorneys should be aware of legal and practical issues that may arise in the event of a shipping insolvency. Two particularly murky areas that have been illuminated by recent case law are maritime liens and reclamation rights.

Columns & Departments

Case Notes Image

Case Notes

ljnstaff &

An in-depth discussion of two major rulings.

Features

FATCA Revamp Image

FATCA Revamp

Ashley M. Elmore Drew & Adam J. Knight

<b><i>Will Your Company Be Prepared?</b></i><p>FATCA is an effort by the United States to curb tax evasion and incentivize Foreign Financial Institutions (FFI) to report the overseas assets of U.S. persons. The U.S. encourages compliance by imposing a 30% withholding penalty on all U.S. source income and sale proceeds of non-compliant foreign financial institutions.

Features

The Consequences of Imperfect Foreclosure Affirmations Image

The Consequences of Imperfect Foreclosure Affirmations

Stewart E. Sterk

Where the borrower's default is not in dispute, the First Department appears to have recognized that there is little reason to delay the inevitable foreclosure. Discussion of a case in point.

Features

Substantive Non-Consolidation Opinion Letters: Advice for Bankruptcy Counsel Image

Substantive Non-Consolidation Opinion Letters: Advice for Bankruptcy Counsel

Paul A. Rubin & Hanh V. Huynh

Substantive non-consolidation opinion letters have long been a regular "check-the-box" item in large commercial real estate transactions. While substantive consolidation jurisprudence has not changed materially over the past decade, these opinion letters should not be treated lightly by borrowers or their counsel.

Features

Defenses of Impossibility of Performance and Frustration of Purpose Image

Defenses of Impossibility of Performance and Frustration of Purpose

Thomas J. Hall

Parties in complex commercial cases that are accused of defaulting on or breaching a contract may invoke the defense of impossibility, arguing that performance of contractual obligations was rendered impossible by an intervening event. But under New York law, those arguments rarely make it past the motion stage.

Columns & Departments

Case Notes Image

Case Notes

ljnstaff &

Discussion of a case in which a trial court sided with the property owner/defendant where the tenant sought to terminate the lease early, but could not because it was not in compliance with one of the requirements for early termination.

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