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Relying Solely on An Indemnfication Provision
October 25, 2012
A recent Massachusetts appellate court opinion highlights the dangers of failing to include rent acceleration and liquidated damages provisions in commercial leases and relying solely upon an indemnification provision to collect post-termination damages.
In the Spotlight: AIA Releases Sustainable Projects Contract Documents
October 25, 2012
The American Institute of Architects (AIA) recently released a set of new contract documents to define roles and responsibilities and to provide procedures and processes for owner, architects and contractors to identify sustainability goals and to map out a plan to achieve those goals.
Making Your Leases Work with Your Loan Documents
October 25, 2012
Among the various reasons for complying with your loan documents, the most compelling is the fact that the typical non-recourse carve-out for unpermitted "transfers" may include leases that are not approved in accordance with your loan documents.
On the Move
October 25, 2012
Who's doing what; who's going where.
Recoupment: Eighth Circuit Rejects 'Balancing of the Equities' Test
October 25, 2012
The Eighth Circuit recently held that equitable considerations could not prevent a creditor's recouping amounts owed to it by a Chapter 7 debtor. Ending a three-year battle in three courts, its ruling resulted in a win for a disability insurer over a disabled individual. In reality, however, nobody won.
Bond ' Supersedeas Bond
October 25, 2012
The Delaware Bankruptcy Court, in <i>In re Tribune Company, et al.</i>, recently granted a motion for a stay pending appeal of its order confirming Tribune's fourth amended joint plan of reorganization, but conditioned the imposition of the stay upon the posting of a $1.5 billion <i>supersedeas</i> bond.
Unfinished Business Claims
October 25, 2012
Recently, two New York federal district courts reached conflicting decisions in the Coudert Brothers LLP and Thelen LLP bankruptcy cases with respect to "unfinished business.
Client Retention - A Gap in Attorney Marketing
October 25, 2012
CLIENT RETENTION - A Gap in Attorney MarketingWhy is it that lawyers are so resistant to marketing and business development? According to our recent U.S./Canada Client Retention Survey, the most frequent answers were:* No training;* Failed once - why try again;* Fear of the process:* No time;* Not compensated.The approach we utilize is to teach professionals to sell using tools that are relevant for the legal profession, listen to and solve their sales problems, and add innovations where appropriate.But there is only one way to succeed -- get out there!
November issue in PDF format
October 24, 2012
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In the Marketplace
October 24, 2012
Highlights of the latest equipment leasing news.

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