Commercial Contracts

Commercial Contracts Articles

• The Bankruptcy Code Preempts California Law: Preferences May Now Be Set Aside Only In Federal Bankruptcy Court

  A California assignee for benefit of creditors may no longer use California Code of Civil Procedure § 1800 ("Section 1800") to recover preferential payments to creditors made before the assignment, according to the Ninth Circuit.  Instead ...

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• The Carmack Amendment: A Uniform System Of Liability For Interstate Transportation Carriers

  Counsel seeking recovery on behalf of their clients for damage or loss incurred as a result of the interstate shipment of goods typically file complaints alleging various state law claims such as breach of contract, negligence and fraud. What ...

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• The Carrier’s Role In Epa’s Gasoline Rules

  under EPA's Clean Air Act rules, a carrier can be held liable - for up to $25,000 per incident - if the gasoline it carries does not meet EPA's specifications for the destination. No longer can a carrier simply accept the product tendered by the ...

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• The Computer as a Lawyer-Saving Device

  Technology can be a "lawyer saver" in more than one sense. In the course of rescuing legal professionals from a rolling ocean of information, it also can be a "public saver." Computers perform "lawyer-saving" functions in a number of different ...

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• The Conditions of “Unconditional” Guarantees

  In an example of how fairness and seeing the whole "story"--not just the current state of the law--can win the day, the Seventh Circuit Court of Appeals recently decided AAR Aircraft & Engine Group, Inc. v. Edwards, 272 F.3d 468 (7th Cir. 2001). In ...

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• The Effect of Recent Amendments to The Federal Fair Credit Reporting Act

  Congress recently amended the federal Fair Credit Reporting Act ("FCRA") to further regulate the use and disclosure of reports containing certain consumer informa-tion. Effective on September 30, 1997, the amendments also impose new obligations on ...

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• The Euro: Practical and Legal Strategies for Compliance Are you Euro Ready?

  Does your business have transactions with entities in one of the European Economic and Monetary Union (the "EMU") countries? Does your business have a subsidiary, customers or suppliers in the EMU? Is your business subject to SEC Disclosure ...

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• The Florida Franchise Act

  The Florida Franchise Act ("the act"), F.S. §817.416, provides a private right of act to a civil litigant1 when a person, as defined by the act, in selling or establishing a franchise or distributorship misrepresents: efforts to sell or establish ...

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• The Human Face of Fraud

  Dan Kerr had a towering ego. That was one of the reasons he was the top salesperson with Forrest Machinery Ltd., a medium-sized company that sold heavy equipment in Northern Ontario. But that same egocentricity was also the source of his downfall ...

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• The Increasing Trend of Manufacturer/Dealer Litigation and Tips on Avoidance

    Reprinted from Automotive News, September, 2004 Intense competition has led many motor vehicle manufacturers to re-focus their business plans and has raised their awareness of the customers' total experience, from sales to service. Manufacturers ...

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