Appellate Court Declines Look at Subjective 'Good Faith' in Contract
November 30, 2009
The Supreme Court of Ohio recently held that a court cannot make a subjective inquiry into a gasoline distributor's motives in setting price levels where the prices were both commercially reasonable and nondiscriminatory, notwithstanding the plaintiffs' allegations that the prices were set at a level to try to force them out of business.
Trucking and Machine Tool Repos Decline In Q3
November 30, 2009
The third-quarter results of Nassau Asset Management's NasTrac Quarterly Index ("NQI") show a decline in trucking and machine tool repossessions, as compared with the same quarter last year, while construction and printing equipment repos continued to rise.
New Burdens for Federal Contractors
November 30, 2009
It is becoming more burdensome under the Obama administration for leasing companies to do business as federal government contractors. In addition to maintaining an Affirmative Action Plan with accompanying statistics, reports, and logs, contractors will now be required to post a notice informing employees of the right to organize a union under the National Labor Relations Act and be required to use the federal E-Verify system to authenticate the identity and employment eligibility of job applicants and employees.
Canadian Insolvency Law Amendments
November 30, 2009
On Sept. 18, 2009, the Canadian government enacted significant Amendments to Canada's Bankruptcy and Insolvency Act and Companies' Creditors Arrangement Act. This article focuses on certain of the Amendments to which equipment financiers should pay particular attention as they may impact how equipment financiers transact business.
Dirty Laundry Hanging Out On The Web
November 25, 2009
Online objections to a corporation's products or services ' posted on "complaint" or "gripe" sites by former employees or consumers, or put elsewhere on the Web ' have a greater potential to be significantly more damaging to the target's operations than more traditional expressions of unhappiness.
Roberts ' What's Next?
November 25, 2009
In its decision in <i>Roberts v. Tishman Speyer Properties, L.P.</i>, the Court of Appeals ruled that the current and former owners of the Stuyvesant Town and Peter Cooper Village housing complexes in Manhattan "were not entitled to take advantage of the luxury deregulation provisions of the Rent Stabilization Law ' while simultaneously receiving tax benefits under the City of New York's J-51 program." But there are unanswered questions.
Supporting Struggling Tenants
November 24, 2009
The first part of this article discussed four factors that a landlord should consider when negotiating rent deferral for a struggling tenant: verifying financial distress, lender requirements, short-term relief, and landlord acceleration rights. The conclusion herein addresses the remaining four points.
In the Spotlight: Negotiating a Rooftop Antenna Contract
November 24, 2009
This article addresses some of the legal issues that a landowner needs to consider when negotiating a cell tower lease or license with a telecommunications company for the installation of equipment on its rooftop.
