News & Analysis as of

Assignments

An assignment is the transfer of a right or benefit from one party to another party. Assignments can occur in contract or real estate contexts.  A contract assignment refers to a situation where one party to... more +
An assignment is the transfer of a right or benefit from one party to another party. Assignments can occur in contract or real estate contexts.  A contract assignment refers to a situation where one party to a contract transfers his/her rights or benefits under the contract to a third party. In a real estate assignment, an interest holder transfers his/her interest in a particular parcel to another party. less -

Need Another Reason To Avoid Mixing Family & Finances?

by Bryan Cave on

You have a big heart and a little bit of money. You want to help out a cash-strapped family member, and – “because you’re family” – you don’t put down how much you’ll loan or how it’ll be paid back. ...more

License vs. Lease: Legal Concerns of Co-Working Spaces

by Miles & Stockbridge P.C. on

Co-working space offers the amenities of a large sophisticated office to companies of varying size without the hassle of dealing with buying furniture, securing utility hookups, or buying coffee. The upside to spaces...more

Rhode Island Court Gives Assignability of Employee Non-Competes a Haircut

Last month, a Rhode Island trial court held that a hairdresser’s noncompetition agreement with the salon for which she had been working, which sold its assets to a successor salon, was not transferable to the successor...more

EMI and Frankenstein: Not dead yet

by Hogan Lovells on

Last year, we blogged here on the case of EMI Group Limited v O&H Q1 Limited. EMI was a case in which an assignment of a lease was rendered void, as it offended the provisions of the Landlord and Tenant (Covenants) Act 1995...more

Projects Disputes in Australia: Recent Cases

by Jones Day on

Since late last year, there have been several major decisions from Australia's highest courts on important issues for stakeholders in the construction, mining and infrastructure industries. Below, we provide a summary. Some...more

Standing in the Shoes of a Suspended Corporation under California Law

A California Court of Appeal recently provided a reminder that under Code of Civil Procedure § 368, assignment of a right to recover money or other personal property (“a thing in action”) is subject to any defense existing at...more

Out-of-Network Physician’s Claim Against Insurer Not Preempted by ERISA

The Second Circuit concluded that a promissory estoppel claim by an out-of-network provider against an insurer was not completely preempted by ERISA and thus remanded the claim to state court for further proceedings. The...more

How Will Proposed Reforms to the Civil Code in Japan Impact Cross Border Business? - Focusing on New Rules for Adhesion Contracts...

by Garvey Schubert Barer on

Anyone forming contracts with Japanese businesses or consumers beware: The Civil Code in Japan is likely to face the largest reforms since it became effective in 1898. On April 14, 2017, sweeping reforms to the Civil Code...more

Real News - Spring 2017

by DLA Piper on

The use of drones across all sectors is increasing. Accountancy rm, PwC estimates that the emerging global market for business services using drones is valued at over USD 127 billion and the biggest slice of that market is...more

Japan Legal Update - Volume 25 | May 2017

by Jones Day on

Bill to Partially Amend the Civil Code was Passed by the House of Representatives - On April 14, 2017, the House of Representatives passed a bill to partially amend the Civil Code ("Bill"). The Bill is under deliberation in...more

Sixth Circuit Court of Appeals Holds Properly Perfected Assignment of Rents Not Property of Bankruptcy Estate

by Foley & Lardner LLP on

In a significant ruling impacting commercial real estate lenders in Michigan, the 6th Circuit Court of Appeals has ruled that an absolute assignment of rents that had been fully perfected (by demanding payment from tenants to...more

Assigned Rents Not Bankruptcy Estate Property After Assignment is Enforced

by Miller Canfield on

On May 2, 2017, the Sixth Circuit Court of Appeals clarified whether a bankruptcy debtor retains any property rights in rents after defaulting on a loan that includes an assignment of rents. The case, Town Center Flats,...more

Supreme Court Grants Cert on, of all Things, the Standard of Review for Determining Non-Statutory Insider Status

by Bryan Cave on

Last December, we updated you that the Supreme Court was considering whether to grant review of In re The Village at Lakeridge, LLC, 814 F.3d 993 (9th Cir. 2016). Our original post is here. On March 27, 2017, the Supreme...more

Watch Out Commercial Real Property Lenders – Appointment of a Receiver is not a Slam Dunk

by Ervin Cohen & Jessup LLP on

The law is always changing. Sometimes changes in the law result from new cases or new statutes. However, sometimes the law changes in reaction to the mood of the country. At present, I believe that that the law may be...more

The Value of a Non-compete Agreement to an Acquiring Company Can Be Limited

by Burns & Levinson LLP on

It is standard practice in M&A transactions for the acquired business to assign all if its contractual rights to the purchaser. While that may sound good in theory, depending upon how the underlying contracts are drafted,...more

What is a Morris Agreement?

by Jaburg Wilk on

A “Morris Agreement” is a “settlement agreement entered into when the insurer is defending under a reservation of rights under which the insured stipulates to a judgment, assigns his rights against the insurer to the...more

Ninth Circuit: Medical Providers Lack ERISA Standing

The Ninth Circuit affirmed two district court decisions that concluded medical providers were not “beneficiaries” under Section 502(a) of ERISA and therefore lacked standing to bring an ERISA claim...more

Health Care Providers Should Review Assignment of Benefit Forms After 9th Cir. Decision

by Pepper Hamilton LLP on

A federal appeals court recently brushed aside the claims of several health care providers, in large part because of the language in the assignment forms signed by their patients. The opinion from the U.S. Court of Appeals...more

A Common Interest Agreement May Not Be Worth the Paper It’s Written On

by Wilson Elser on

It is a very common practice for counsel to co-defendants or co-plaintiffs to enter into agreements that shield their communications. The agreements are expressions of intent that the communications will be protected by the...more

Purchaser of Assets in North Carolina Should Not Rely on Assign Ability of Seller's Non-Compete Agreements

We regularly field questions from companies in the process of an asset purchase, asking whether they can obtain an assignment of the seller’s non-competition agreements with its employees. While this question has never been...more

PBI Presentation Recap: Key Features of Beer Distribution Agreements

Theodore J. Zeller III, a Member of Norris McLaughlin & Marcus, P.A., and Chair of its Liquor Law Department, recently presented on “Alcohol Distribution and Franchise Law” at the Pennsylvania Bar Institute’s Alcohol Law...more

Illinois Court Finds Mortgage Assignments Not Subject To Chicago Transfer Tax

by Faegre Baker Daniels on

The Appellate Court of Illinois, First District, recently concluded that the City of Chicago’s real property transfer tax did not extend to assignments of mortgages because, contrary to the City’s arguments, mortgage...more

Novation of Government Contracts: How to Prepare for and Receive Government Approval

by Pepper Hamilton LLP on

Government contractors, so long as consistent with statute and regulation, should coordinate with the government regarding novation issues to best position themselves for acceptance of proposed novations....more

House and Senate Leadership and Committee Assignments Announced

Senate President Stan Rosenberg and House Speaker Robert DeLeo announced this week their leadership teams and committee appointments for the 2017-2018 legislative session. Retaining the core of his leadership team for...more

Has Yvanova Lost Its Mojo For Wrongful Foreclosure Plaintiffs?

In 2016, the California Supreme Court’s decision in Yvanova v. New Century Mortgage Corporation caused a lot of excitement among plaintiffs asserting wrongful foreclosure claims and a lot of grief among secured lenders....more

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