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Commercial
Texas Supreme Court Clarifies that Attorney's Fees are Recoverable for Breach of Warranty, by
Sean Reagan.
The Texas Supreme Court recently held in Medical City Dallas, Ltd. v. Carlisle Corporation that reasonable and necessary attorney’s fees are recoverable in an action for breach of an express warranty if the express warranty at issue arises out of a written or oral contract.
Texas.
2 pages. Written:
2008. Added:
7-11-2008.
Litigation Section
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Commercial
Secured Transactions: Purchase Money Security Interests, by
Alan M. Christenfeld and Shephard W. Melzer.
The Uniform Commercial Code affords special advantages to several classes of parties subject to its provisions. Many people strive, for example, to become buyers in
the ordinary course or holders in due course under Articles 1, 2, 2A and 3. The analog for secured transactions under Article 9 is the purchase money security interest (“PMSI”). Today we discuss the benefits of PMSIs and several issues that purchase-money creditors confront.
Non-Specific.
3 pages. Written:
2008. Added:
7-04-2008.
New York Law Journal
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Real Estate
Consider All Contractual Obligations When Checking Into Buying a Hotel, by
Timothy Q. Hudak & alicia a. Kabiri.
When planning to purchase a hotel, you must begin with a
clear understanding of the large number of parties that may affect the transaction. In considering these, you need
to contemplate each party and component to the transaction that may affect the economic success of the deal. Typically, in the sale of commercial real estate, the purchaser must focus on little more than the existing tenants and vendors that provide services to the property.
Non-Specific.
2 pages. Written:
2007. Added:
6-30-2008.
www.eckertseamans.com
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Commercial
Complex Litigation - The Next Big Thing May Be Very Small, by
Steven Kramer.
After asbestos, it was widely thought that mold litigation would dominate as the next mass tort. The issue was covered broadly in the media, with national magazines and newspapers warning of a wave of litigation to come. "Black mold" became a feared phrase. At least in the personal injury context, mold litigation seems to have subsided. Asbestos and mold litigation may, however, have set the stage for the next wave of inhalation litigation — involving the emergence of engineered nanoscale materials.
Non-Specific.
4 pages. Written:
2007. Added:
6-29-2008.
www.eckertseamans.com
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Commercial
Defending and Winning Complex Litigation...A Practical Guide for Corporate Counsel, by
Paul Steinman.
Thers is a wide variety of litigation that properly may be described as complex. This article is a guide is specifically intended for corpoarte counsel as a set of best practices to properly position the defense of complex litigation in a cost-effective manner.
Non-Specific.
4 pages. Written:
2007. Added:
6-29-2008.
Of Counsel
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Government
"Beyond the Basics: Implementing an Anti-Bribery Program that Works" The Anti-Fraud Network, by
Kent J. Schmidt.
The U.S. Foreign Corrupt Practices Act (FCPA), which prohibits commercial bribery of foreign officials around the world, has been a part of the legal landscape for over three decades. With few exceptions, companies engaged in international commerce have responded to its requirements. Individuals charged with compliance responsibilities now realize that their first line of defence is to implement some type of corporate policy prohibiting bribery in connection with commercial transactions.
Non-Specific.
1 pages. Written:
2008. Added:
6-29-2008.
www.dorsey.com
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Commercial
'Kay III’ Highlights Reach of FCPA to Payments Abroad, by
Michael J. Gilbert and William Gibson.
‘Kay III’ makes clear that payments to foreign government officials, even if they do not appear to be related in any direct way to obtaining business, may well be considered Foreign Corrupt Practices Act violations.
Non-Specific.
2 pages. Written:
2007. Added:
5-10-2008.
New York Law Journal
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Business
Rights and Responsibilities, by
James Hargrove.
In light of a recent UN report on the issue, this article
considers what, if any, human rights obligations may apply to businesses and whether they face any real threat of litigation if they breach their obligations. Particular emphasis is given to the prospect of litigation in England, Europe and the US.
Non-Specific.
4 pages. Written:
2007. Added:
5-10-2008.
The Commercial Litigation Journal
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Civil Trial Practice
Mandamus Relief, Interlocutory Appeals, and Arbitration in Commercial Litigation, by
James R. Old, Jr. and Christopher B. Reed.
This paper will review the evolving mandamus standards in Texas courts. The paper will next review the legal regime governing interlocutory appeals and recent cases of commercial interest set in this procedural context. We conclude by examining the specific applications of these appellate procedures involving arbitration issues and
proceedings.
Texas.
20 pages. Written:
2008. Added:
4-20-2008.
24th Annual Litigation Update Institute
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Commercial
Five Common Errors in Pleading Civil Rico Claims – And how to Avoid them, by
Edward F. Mannino.
This Article reviews five common errors in pleading Civil RICO claims, emphasizing
requirements under 18 U.S.C. 1962(c), which is the provision under which most Civil RICO claims are brought. In this Article we examine the requirements for pleading (1) a proper enterprise separate
from RICO person, (2) a pattern of racketeering activity & etc.
Non-Specific.
13 pages. Written:
2005. Added:
4-04-2008.
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Commercial
Buyer Beware: Successor Liability for Export Violations and Due Diligence Measures to Identify and Mitigate Deal Risks, by
John Barker, Ronald Lee & Michael Ginsberg.
This publication was created to provide you with accurate and authoritative information concerning the subject matter covered, however it may not necessarily have been prepared by persons licensed to practice law in a particular jurisdiction.
Non-Specific.
5 pages. Written:
2007. Added:
3-13-2008.
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Real Estate
Creating Confident Leaseholders Can Benefit Commercial Landlord, by
Andrew R. Stern.
The current commercial real estate market favors tenants and even in a tight market, smart landlords realize that the old approaches no longer apply.
Non-Specific.
1 pages. Written:
2007. Added:
3-13-2008.
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Commercial
Reconciling the Consumer Fraud Act, by
Steven J. Fram and Mark J. Oberstaedt.
The New Jersey Consumer Fraud Act is a potent statute that was intended “to give New Jersey one of the strongest consumer protections in the land.” As a result, the courts have been called upon frequently in last several years both to address many procedural issues relating to the trial of CFA claims & to determine substantive reach of the statute.
New Jersey.
3 pages. Written:
2007. Added:
3-12-2008.
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Alternative Dispute Resolution
Pitfalls In Drafting Arbitration Clauses:Tips For Avoiding Costly Disputes, by
Steven E. Bizar and Paul D. Weiner.
Parties who choose to arbitrate their
commercial disputes expecting to avoid the costs and delays of traditional litigation are often sorely disappointed. A carefully drafted arbitration clause allows the parties to eliminate costly and time-consuming disputes, which
will help the parties realize one objective in
choosing arbitration – efficienc
Non-Specific.
2 pages. Written:
2004. Added:
10-25-2007.
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Alternative Dispute Resolution
Arbitration is Not Always Quick: In complex cases, careful thought is needed before giving up the court process., by
Steven E. Bizar and Paul D. Weiner.
In choosing arbitration, counsel should factor
into the analysis common misperceptions about arbitration—that it is necessarily faster and less expensive. It may well not be either. In short, the decision to insert a standard arbitration provision into a client’s next commercial agreement should be deliberate and measured.
Non-Specific.
3 pages. Written:
2003. Added:
10-25-2007.
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Alternative Dispute Resolution
Not So Quick, Not So Cheap, by
Hon. Curtis E. von Kann.
Today, the whole landscape of commercial dispute resolution has changed. There is a bewildering array of dispute resolution processes to choose from: mediation, neutral case evaluation, mini-trial, summary jury trial, neutral expert fact-finding, and arbitration, among others.
Non-Specific.
4 pages. Written:
2005. Added:
10-09-2007.
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Commercial
The Foreign Corrupt Practices Act enforcement juggernaut steams on in 2007, by
Brian S. Chilton.
Aggressive enforcement of the (FCPA) continues in 2007 from where it left off in 2006.
Federal.
5 pages. Written:
2007. Added:
9-01-2007.
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Energy
A Comparison of Remedies in the UCC to Remedies Available under the NAESB, EEI, CTA and ISDA, by
Craig R. Enochs, Amy L. Head.
Article 2 of the Uniform Commercial Code overns the sale between merchants of energy and energy commodities, like the sale of all goods. However, standard form agreements used to document energy commodity transactions often contain remedies that differ from those promulgated in Article 2.
Non-Specific.
46 pages. Written:
2005. Added:
5-05-2007.
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Alternative Dispute Resolution
Developments in International Commercial Arbitration in Asia, by
David Howell.
Rapid economic development has spurred the adoption or updating of arbitration laws throughout Asia. Governments intent on attracting foreign investment and trade well recognise the attraction of a reliable dispute resolution regime in a highly competitive regional environment.
International.
22 pages. Written:
2007. Added:
4-26-2007.
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Commercial
Fraud in the Sale and Financing of Cars, by
Peter S. Wright, Jr..
Article discusses representation of consumers in automobile transactions.
New Hampshire.
24 pages. Written:
2005. Added:
4-09-2007.
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Commercial
Leave No Stone Unturned: The Search for Art Stolen by the Nazis and the Legal Rules Governing Restitution of Stolen Art, by
Kelly Diane Walton.
Recently, famous works of art have become a source of tension between original owners, who are Jewish Holocaust survivors and their heirs, and current good faith purchasers. This Article, however, focuses on the millions of dollars in art
that was stolen from the prosperous Jewish collectors of Europe and which has surfaced in the United States.
Non-U.S..
76 pages. Written:
2006. Added:
3-23-2007.
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Banking and Finance
Update on Checking and Bank Account Fraud and Related Litigation, by
Robert T. Luttrell.
This article describes selected recent case law illustrating the impact of the Uniform Commercial Code (UCC) on common bank account-related problems and payment transactions. Bank litigation is always over who takes a loss in the transaction.
Non-Specific U.S. State.
3 pages. Written:
2006. Added:
3-22-2007.
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Banking and Finance
How Technology Is Transforming the Business of Commercial Lending, by
Dan Welbaum.
This article reviews the state of today’s business-lending market, discusses the impact of new technology trends on the lending process and describes a financial institution that is gaining efficiency and profitability benefits from its investment in new technology.
Non-Specific.
6 pages. Written:
2005. Added:
3-20-2007.
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Energy
Performing an Effective Cost/Benefit Analysis, by
Edward G. Kehoe, King & Spalding LLP.
Nevertheless, energy disputes involve
issues, terminology, and customs that are often unique to the energy industry, and a lawyer representing a client in a commercial energy dispute must be experienced with this industry if he or she is to be effective.
Non-Specific.
12 pages. Written:
2006. Added:
3-20-2007.
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Banking and Finance
Beyond the loan documents – The due diligence process in commercial mortgage loan closings, by
Elizabeth C. Lee and Elizabeth M.R. Salgado, Womble Carlyle Sandridge & Rice, PLLC.
The due diligence phase of a commercial mortgage transaction is the investigative phase. The potential borrower provides various financial data to the lender and makes certain representations and warranties in connection with the borrower’s loan application which the lender typically relies on in the initial underwriting of the loan.
Non-Specific.
14 pages. Written:
2005. Added:
3-20-2007.
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Franchise and Distribution
Franchising” a Non-Profit Organization, by
Philip F. Zeidman.
A marketing system for creating an image in
the minds of customers about a company’s
products & services. These are common descriptions of commercial franchising, now so large a component of for-profit businesses. Less well recognized is that the
franchising model can be just as relevant
in the non-profit sector.
Non-Specific.
8 pages. Written:
2006. Added:
3-20-2007.
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Franchise and Distribution
New Bankruptcy Code Provisions Change the Calculus for Franchisors and Franchisees, by
Holly R. Shilliday.
This article addresses two aspects
of the Act: the right of trade creditors,
including franchisors and suppliers
who sell products to franchisees and
franchisors, to reclaim goods delivered
pre-petition, and changes regarding the
treatment of commercial real estate leases
under the Act.
Non-Specific.
2 pages. Written:
2005. Added:
3-20-2007.
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Banking and Finance
New Letter of Credit Rules Call for Careful Review, by
David F. Scranton.
On Oct. 25, 2006, the International Chamber of Commerce (“ICC”) announced adoption of new rules for commercial letters of credit: the Uniform customs & practices for documentary credits (2007 Revision) International Chamber of Commerce Publication No. 600 (“UCP 600”). Issuers need to review the new rule changes consider alternative rules available.
Non-Specific.
6 pages. Written:
2006. Added:
3-19-2007.
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Legal Malpractice
Family Law: An Increasingly Risky Nusiness, by
LAWPRO.
In both count and cost, marital and family law-related malpractice claims are on the increase. By area of law, family law is LAWPRO'S fourth most common area of claims: Only
litigation, real estate, and corporate/commercial/bankruptcy rank higher.
Non-Specific.
4 pages. Written:
2005. Added:
3-18-2007.
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Alternative Dispute Resolution
Mexico Arbitration Law Overview, by
Omar Guerrero Rodríguez, Francisco González de Cossío, Barrera, Siqueiros y Torres Landa, S.C..
The Mexican arbitration law borrows on the liberal attitude of the 1958 New York Convention, the 1975 Panama Convention and the UNCITRAL Model Law on
International Commercial Arbitration by only requiring for the enforceability of an award that the arbitration agreement be in writing and be signed.
Non-U.S..
9 pages. Written:
2006. Added:
3-18-2007.
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Alternative Dispute Resolution
Canada Arbitration Law Overview, by
Bryan C. Duguid, & William G. Horton, Blake, Cassels & Graydon LLP.
To understand the legal requirements for arbitration agreements in Canada, a brief overview of the Canadian legal framework is necessary. Canada is a federal state, with
ten provinces and three territories. This chapter focuses on international commercial
arbitrations.
Non-U.S..
8 pages. Written:
2006. Added:
3-18-2007.
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Bankruptcy
D&O Policy Proceeds As Property Of A Bankrupt Debtor’s Estate, by
William Kapell, Esq., Winston & Strawn.
This article focuses on complex commercial litigation, with a special interest in D&O insurance coverage matters. Past court decisions place varying levels of emphasis on these features when called upon to decide whether D&O proceeds constitute estate property. Recent rulings continue to analyze the issue in different ways.
Non-Specific.
8 pages. Written:
2006. Added:
3-18-2007.
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Commercial
What Now After Grokster?, by
Mitchell Zimmerman, Fenwick & West LLP.
“We hold that one who distributes a device
with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement is liable for the resulting acts of infringement by third parties.”Grokster suggest anything about product or service design & control re vicarious liability?
Non-Specific.
21 pages. Written:
2006. Added:
3-18-2007.
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Admiralty and Maritime
Coast Guard and Maritime Transportation Act of 2006, by
Blank Rome.
The referenced document contains a section-by-section analysis of the various provisions of the new law that affect commercial interests. Owners and operators of vessels and facilities and other maritime
interests, in particular, should review this advisory to determine possible effects on their activities.
Non-Specific.
8 pages. Written:
2006. Added:
3-18-2007.
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Government
Government Contracts & Litigation, by
Ronald A. Schechter, Arnold & Porter LLP.
An important element in representing companies contracting with the government is ensuring that they understand the critical differences between the commercial market and the government market.
Non-Specific.
16 pages. Written:
2005. Added:
3-13-2007.
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Commercial
Developments in U.S. and International Efforts to Prevent Corruption, by
Kathleen M Hamann, Philip Urofsky, Nicole M. Healy, Alexandra Wrage, and Margaret Ayres.
Both the international community and the United States continued to expand their policy and enforcement efforts globally in 2005, culminating with the entry into force of the United Nations Convention Against Corruption (UNCAC)1 on December 14, 2005.
Federal.
16 pages. Written:
2006. Added:
3-13-2007.
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Commercial
New Enforcement Actions Include Largest FCPA Criminal Fine to Date, by
Roger Witten, Kimberly Parker, Jay Holtmeier.
Recent developments in the Foreign Corrupt Practices Act demonstrate the ongoing commitment of the US government to vigorous anti-corruption enforcement, particularly in the acquisition and joint venture context, and that it is necessary for US companies and their affiliates to have strong compliance programs, books and records, and internal controls.
Federal.
6 pages. Written:
2007. Added:
3-12-2007.
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