Commercial Contracts

Commercial Contracts Articles

• Protecting Yourself Against Investment Fraud

  Pigeon drop and bank examiner schemes are common scams. Each year hundreds of people are swindled out of their money--sometimes their life savings. This primer provides a basic overview of these fraud schemes and provides some tips to stop and avoid ...

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• Public Key Infrastructures and “Digital Signature” Legislation: 10 Public Policy Questions

  Following the lead of the state of Utah, numerous states and several foreign countries have enacted "digital signature" legislation aimed at promoting the development of a public key infrastructure (PKI). While PKI legislation has acquired ...

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• Racial Profiling of Borrowers: An Idea Fraught with Peril

  In the early 1970s, during my first days as a banking lawyer, I was anxious to purchase my first home and, as was the custom in those days preceding the impact of Burt Lance, I was referred by my bank employer to a correspondent bank. The scene that ...

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• Real Estate Buyers in New Jersey Retain Right to be Informed of Off-Site Conditions Pursuant to Consumer Fraud Act

  A recent decision of the New Jersey Superior Court, Appellate Division, continues to compel sellers of new residential housing to advise purchasers of adverse off-site conditions, despite a law enacted in 1995 which provides immunity from damage ...

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• Real Estate Financing Options Include Interest Rate Derivatives

  From modest projects to major development initiatives, interest rate derivatives (also known as interest rate swaps and caps) are becoming an increasingly common component of real estate financing transactions. A good deal of the credit for this ...

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• REAL ESTATE: Washtenaw County, MI, Onsite Well and Septic Regulation

  This new regulation was effective January 1, 2000, and has totally changed the procedure for selling homes that are serviced by an on-site well and/or septic system. Under this regulation, a seller may not transfer ownership of their property unless ...

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• Recent Asbestos Litigation

  The U.S. Supreme Court reversed the Fifth Circuit's affirmation of the certification of a mandatory settlement class in approximately 186,000 asbestos cases, in Ortiz v. Fibreboard Corp., 119 S. Ct. 2295 (June 23, 1999). The class was certified on a ...

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• Recent Cases Reveal Gaps in Draft Antitrust/IP Guidelines

  After two administrations in which the antitrust laws were not a high priority, many expected that the current administration's antitrust enforcers would bring sorely needed competence and energy to the high technology sector. Disappointment was ...

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• Recent Decision of Note: Insurer Has No Obligation to Pay Loss Proceeds to Secured Party Absent Actual Notice of Secured Party’s Interests in Proceeds

  A recent decision of the Court of Appeals of New York highlights the need of a secured party to protect its security interest in insurance proceeds by having itself named loss payee or additional insured in the insurance contract of its debtor. B&F ...

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• Recent Settlements for Enormous Monetary Sums Highlight the Risks for Employers in Employment Cases

  Two recent settlements, one by the Coca-Cola Company and another by Microsoft Corp., both for enormous sums of money, highlight the ever-present risks faced by defendant employers in employment cases. In November 2000, Coca-Cola agreed to pay $192.5 ...

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