Arbitration: Rethinking the Pitfalls
November 02, 2015
Much has been written about the use of alternative dispute resolution (ADR) to address equipment leasing disputes, some of it positive and much of it negative. For a variety of reasons, the equipment lessor legal community has historically been reluctant to embrace alternative methods of avoiding protracted litigation.
State, Federal Law Differ on Franchisors As Joint Employers
November 02, 2015
It seems that the definition of employer under state law is becoming more restrictive but the definition under federal statutes has become more flexible. The reason is a federal political agenda to empower the National Labor Relations Act to encourage collective bargaining of employees of franchises.
Border Disputes
November 02, 2015
In insurance law, if there is a border as long-established as the one between the U.S. and Canada, it is the border between the two types of coverage provided by liability policies: defense coverage and indemnity coverage. But even along this well-established border, disputes have recently begun to develop.
Leasing and Finance Industry Economic Outlook
November 02, 2015
The Equipment Leasing & Finance Foundation's Q4 update to its 2015 Equipment Leasing & Finance U.S. Economic Outlook reports that investment in equipment and software is expected to grow 4.1% in 2015, which is down from the 5% growth forecast in its Q3 Update to the 2015 Annual Outlook released in July.
My New BFF Is a Smart VDR
November 02, 2015
Review of SmartRoom, a secure virtual data room)that was first conceived to securely host due diligence documents for an expedited Chapter 11 asset sale of multiple properties with multiple potential bidders.
SEC Potentially Targets CCOs for Cybersecurity Lapses
November 02, 2015
Two recent speeches by Securities and Exchange Commission (SEC) officials likely got the attention of every Chief Compliance Officer (CCO). CCOs would be well advised to carefully review and implement where appropriate the SEC's latest cybersecurity guidance.
Title Insurance: How to Obtain More Bang for Your Buck
November 02, 2015
How do you as an attorney obtain special or additional coverage for the particular fact situation of your transaction? There are two different methods: purchasing an endorsement to the policy and the second is by obtaining affirmative insurance.
Cracking the FCPA Code: Interpreting Recent DOJ and SEC Enforcement and Messaging
November 02, 2015
Notwithstanding expectations of a shift in government enforcement priorities, after more than a decade, FCPA enforcement still shows no signs of slowing down. Indeed, the last two years each welcomed two new members to the list of 10 largest corporate enforcement matters: Total and Weatherford in 2013, and Alstom and Alcoa in 2014.
Development
November 02, 2015
A case involving the reinstatement of a taking claim.