In the Spotlight: Use It or Lose It!
August 02, 2014
Can a landlord who fails to collect rental payment increases recover the unpaid amounts years after such amounts should have been due, or even after the expiration of the lease, despite the fact that the landlord failed to seek such payments throughout the term of the lease?
<b><i>Practice Tip:</b></i>Divorce: The Silver Lining
August 02, 2014
Divorce rates are on the rise as the U.S. economy slowly improves and rebounds from the recession. While some may view a rise in divorce as a negative statistic, there is a positive corresponding impact: Separating couples actually help further improve the economy. This applies not only to divorce lawyers' bottom line, but also to the real estate and consumer markets and our labor force.
Imputed Income: A Look at What Courts Find Persuasive
August 02, 2014
In determining spousal maintenance and child support awards, historical and current income do not provide the full picture and, alone, cannot form the basis for support awards. In those cases, courts have the discretion to impute income to one or both of the parties.
NJ & CT News
August 02, 2014
A look at what's happening in neighboring states.
Anti-Waiver Arguments and Enforcement of Forum-Selection Clauses
August 02, 2014
Anti-waiver provisions in state franchise acts have traditionally been used to trump the venue designated in the franchise agreement and to successfully transfer venue to the franchisee's home state. However, a recent decision from the U.S. District Court for the Eastern District of Michigan has added weight to a small but growing body of cases enforcing forum-selection clauses against franchisees that operate in states with franchise acts containing anti-waiver provisions.
Planning a Merger?
August 02, 2014
A successful merger should improve the firm's competitive position and add value for your clients ' due diligence is key to that success.
Collecting Social Security Numbers
August 02, 2014
The mere collection of SSNs may put businesses in violation of state laws, in addition to the liability they may face for failing to protect the SSN information.
Establishing A Web Presence After A Merger
August 02, 2014
Merger activities typically disrupt "business as usual" and result in more questions than answers. This was particularly true when the law firms of Edwards Angell Palmer & Dodge LLP and Wildman Harrold Allen & Dixon LLP merged in 2011. Edwards Wildman's marketing efforts, specifically our online and digital Web presence, were quickly devoted to achieving a cohesive "one voice, one brand, one solution" approach, as we set out to redesign our website and digital persona.
The Enforceability of Make-Whole Premiums in Bankruptcy
August 02, 2014
The treatment of prepayment premiums in bankruptcy has gained substantial attention in several recent bankruptcy cases. But in a situation where the borrower has the funds to repay the loan, there is frequently a dispute between lenders and unsecured creditors or equityholders who are looking at less than a full recovery on their claims.
