Commercial Law

Features

When purchasing goods though an invoice, contract or otherwise, it is important to understand that a mere inspection of goods prior to purchase could waive implied warranty protections. A seller may effectively modify, or entirely exclude, implied warranties under the Uniform Commercial Code (UCC) by requiring a buyer to inspect, test or examine goods prior to purchase.

Features

<b><I>Written Agreements Are Not the Final Word</I></b><p>Recently, an Ohio appellate court held that the parties' actual conduct — and not the express written provisions in their lease to the contrary — controlled in interpreting the intentions of the parties in contracting. This case serves as a good reminder for legal practitioners that our written agreements are often not the final word.

Features

<b><I>Slight Downgrade</I></b>The Equipment Leasing & Finance Foundation has released its Q2 update to the 2017 Equipment Leasing & Finance U.S. Economic Outlook, which lowered slightly its yearly equipment and software investment forecast to 2.8%, down from 3% growth forecast in its 2017 Annual Outlook released in December 2016.

Columns & Departments

Who's doing what; who's going where.

Features

Over the past 20 years, the rise of email as a generally-accepted medium of business communication has prompted the law to allow certain contracts, including leases, to be entered into electronically, without a handwritten signature. This article addresses recent developments and the present state of the law with respect to commercial leasing and electronic media.

Features

Secured creditors and debtor-in-possession (DIP) lenders that rely on standard carve-out provisions to limit the impact of bankruptcy professional fees on their collateral would be well-advised to take notice of a U.S. Bankruptcy Court decision from earlier this year.

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A Chapter 11 debtor "cannot nullify a preexisting obligation in a loan agreement to pay post-default interest solely by proposing a cure," held a split panel of the U.S. Court of Appeals for the Ninth Circuit.

Features

The U.S. Court of Appeals for the Ninth Circuit recently held in <i>Blixseth v. Brown</i> that under <i>Barton v. Barbour</i>, a plaintiff must obtain a bankruptcy court's permission before commencing a lawsuit in another forum against a member of the committee of unsecured creditors, and that <i>Stern v. Marshall</i> does not preclude bankruptcy courts from adjudicating such claims on the merits.