Index
A complete listing of the cases in this issue.
Medimmune: New Rules for Patent Licenses?
The Supreme Court's <i>Medimmune</i> decision relates directly to the federal courts' jurisdictional requirement of case or controversy, but by overruling the Federal Circuit's <i>Gen-Probe</i> decision it may also have changed the balance of power between patentees and licensees.
Supreme Court Rules on MRL
The Supreme Court of California determined in January that the state Mobilehome Residency Law (MRL), codified at Civ. Code, ' 798 <i>et seq.</i>, does not preempt local rent control ordinances that allow mobilehome park owners to separately charge park residents for property taxes imposed on park land. <i>Cacho v. Boudreau</i>, 40 Cal.4th 341 (Cal.,1/11/2007) (Kennard, J.). The opinion clarified an apparent conflict between the MRL and the mobilehome rent control law then in force in the City of Chula Vista ' a local law similar to many rent control ordinances throughout the State. The decision also resolved a split among the Appellate Divisions as to which items may be considered components of 'rent' for which landlords may raise monthly rents without violating the anti-gouging provision of the MRL.
An Overview of the New FTC Rule
On Jan. 22, 2007, after more than a decade of study, the FTC released its long-anticipated new Federal Trade Commission Rule on Franchising (the 'New Rule'). The New Rule comes into effect on a voluntary basis on July 1, 2007, with compliance becoming mandatory on July 1, 2008. Additional compliance guides are expected by July 1, 2007. Franchisors will have to make significant changes to their existing disclosure documents and follow new rules for how and when they are delivered to prospective franchisees.
What Leasing Counsel Need to Know About Arbitration
Part One of this series analyzed the consideration that leasing counsel should give to discovery, locale selection, confidentiality, and expediting the arbitration process. This month's installment discusses issues relating to arbitrator-selection.
Information Security Obligations
One of the most pressing issues faced by any business, but especially those in the financial services industry, is the privacy and security of financial and other nonpublic information. This is the first in a series of three articles addressing some of the key issues surrounding corporate responsibility with respect to the privacy of information and security breaches. Whether public or private, small company or large, if you or your client are in possession of the personal information described below, the following series of articles is essential reading.
Financing Payment Obligations for Services: Are 'Hell or High Water' and 'Waiver of Defenses' Clauses Enforceable in Contracts for Future Services?
The primordial cornerstone of financing equipment lease receivables has been the ability of funding sources to rely on the enforceability of two related provisions contained in the underlying lease documentation:1) 'Hell or high water' clauses, where the lessee agrees that its payment obligations under the lease are 'absolute and unconditional' and are not subject to any defense, setoff, or counterclaim that the lessee may have against the lessor, its assignee, the manufacturer or seller of the equipment, or against any person for any reason whatsoever — essentially, it agrees to pay 'come hell or high water.'2) 'Waiver of defense' clauses, where the lessee 'agrees not to assert against an assignee' of the lease payments, any defenses, setoffs, or claims it may have against the lessor, as the original payee under the lease.
An Overview of the New FTC Rule
On Jan. 22, 2007, after more than a decade of study, the FTC released its long-anticipated new Federal Trade Commission Rule on Franchising. This article outlines the key elements of the New Rule. The New Rule changes the coverage of the existing FTC Rule.
