News & Analysis as of

Purchasers

FRANCHISEE 101: Squeezed at the Pump

by Lewitt Hackman on

Most dealership and franchise agreements require the franchisor's prior written consent to the transfer of a business from one franchisee to another. The new franchisee is often required to sign the franchisor's then-current...more

Third Circuit Holds that Automatic Perfection Provisions Are Not So Automatic

by Bracewell LLP on

Close to ten years have passed since the filing of the chapter 11 cases of Tulsa, Oklahoma-based SemCrude L.P., but this week, the Third Circuit Court of Appeals affirmed a 2015 district court ruling that resolved a dispute...more

Special Purpose Vehicles’ Authority to File for Bankruptcy Revisited

by Dechert LLP on

In order to file for bankruptcy in the United States, a company needs to secure the appropriate corporate authorizations as required by its governing documents. What happens when a debtor does not obtain appropriate...more

CFPB files lawsuit against structured settlement purchaser

by Ballard Spahr LLP on

The CFPB has filed a lawsuit in a Maryland federal district court against: (1) Access Funding, LLC (Access), a limited liability company that purchases structured settlements from consumers; (2) Access’ managing member...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19586 - Harrington v. Freedom of Information Commission - The Court started off by saying..... We have not previously had occasion to squarely address..... [this]...more

Pitfalls of the LTA 1987 – Tenants' Rights of First Refusal

by White & Case LLP on

Landlords of mixed use properties should pay close attention to the traps within Part I of the Landlord and Tenant Act 1987 (the "Act"). Are you a landlord of a mixed use property? Might you become a landlord of a mixed...more

OW Bunker in Singapore – where are we?

by Reed Smith on

Although the Singapore courts have not, to date, been required to consider the legal issues which have recently come before the English courts in the Res Cogitans, the cases which have come before the Singapore courts...more

Second Circuit: Aluminum End Users Lack Antitrust Standing; Price Manipulation Claims Against Traders and Warehouses Foiled

by Mintz Levin on

Last week, in In re Aluminum Warehousing Antitrust Litigation, the US Court of Appeals for the Second Circuit (“Second Circuit”) rejected a claim by certain downstream end-users of aluminum that their price manipulation...more

CMA publishes guidance to help detect bid-rigging

by Bryan Cave on

On 20th June 2016, the UK’s Competition and Markets Authority (“CMA”) released an open-letter offering advice to public authorities to help spot anti-competitive activity during a tender process. This is known as bid-rigging....more

Developer Control of Homeowner Associations Could Diminish in South Carolina

by Nexsen Pruet, PLLC on

State Committee at work; legislation pending - The South Carolina 2015-2016 Appropriation Act established the "South Carolina Committee on Homeowners Associations." Thirteen individuals, consisting of lawmakers,...more

California Highway Patrol seeks to eliminate identity theft in vehicle purchases with proposed new thumbprint requirement

by Thompson Coburn LLP on

Every year, millions of dollars are lost by finance companies and dealerships due to fraud and identity theft related crimes. Even worse, due to the lack of accurate personal information on an identity theft suspect,...more

Secured Creditors in Section 363 Sales Be Aware -Your Proceeds May Be Used to Satisfy the Debtor’s Unpaid State Tax Liabilities

by Dechert LLP on

It is a basic feature of sales under section 363 of the U.S. Bankruptcy Code, that the purchaser takes free and clear of all claims and interests, such claims and interests attach to the proceeds of the sale in accordance...more

States Challenge SEC Regulation A+

by Carlton Fields on

Massachusetts and Montana have taken the highly unusual step of suing the SEC over a recent amendment to Regulation A under the Securities Act of 1933. The SEC adopted "Regulation A+" (as the amended regulation is...more

NLRB Forces Buyers To Become “Successors” Against Their Will

by Seyfarth Shaw LLP on

While all eyes were on the landmark Browning-Ferris decision issued Thursday, the Board issued yet another split decision that also may have far reaching consequences. In GVS Properties, LLC, 362 NLRB No. 194 (Aug. 27, 2015),...more

Blog: Does Disclosure Of A High CEO-Employee Pay Ratio Affect Consumer Behavior?

by Cooley LLP on

The answer is yes, according to a recent study from the Harvard Business School, “Paying Up for Fair Pay: Consumers Prefer Firms with Lower CEO-to-Worker Pay Ratios. Just in time to be part of the mood music for the SEC’s...more

For Sale: By Owner – What you need to Know about Selling and Purchasing a Home Marketed "By Owner"

With Orlando’s fast-growing economy and projects such as the Creative Village in downtown Orlando and the Medical City in Lake Nona, Orlando has earned the ninth spot on Forbes’ list of “Fastest Growing Cities.” Clearly,...more

Arizona’s New Construction Defect Law is Effective the Summer of 2015

by Jaburg Wilk on

On March 23, 2015, Arizona Governor, Doug Ducey, signed into law House Bill 2578. This new legislation relates specifically to Arizona’s construction defect claims and revises the Purchaser Dwelling Actions statute - ARS §...more

New Indiana Statute Effective July 1st Allows Non-Residents To Pay Home State’s Lower Sales Tax Rate On Vehicle Purchases

by Faegre Baker Daniels on

Indiana has a 7% sales tax rate. Earlier this year, the Indiana General Assembly passed a new statute, Indiana Code 6-2.5-2-3, which allows non-residents to purchase vehicles from Indiana dealers and pay the (typically...more

Top tips for purchasing professionals on spotting possible vendor collusion

by DLA Piper on

This year promises to be another in which corporate purchasing departments work hard to keep costs down while vendors try to increase their margins. In this marketplace tug of war, vendors will occasionally engage in a little...more

Clouds on the Horizon for Claim Purchasers in the Third Circuit

by Katten Muchin Rosenman LLP on

In a decision of significance to the distressed claims trading community, the US Court of Appeals for the Third Circuit in In re KB Toys Inc. recently held that any risk or “cloud” of disallowance under the Bankruptcy Code...more

Simplifying the Mechanic's Lien Agent Process: N.C.'s New Online Clearinghouse

A version of this article was originally published in April 2013 and has now been updated. Effective April 1, 2013, project owners in North Carolina are now required to designate a Mechanic’s Lien Agent (MLA) for the...more

Case note: Griffon Shipping LLC V Firodi Shipping Ltd. [2013] EWHC 593

by Reed Smith on

An important decision for the ship sale and purchase market has confirmed that buyers entering into a standard form Memorandum of Agreement (MOA) (on Norwegian Sale Form (NSF) 1993 terms and similar, e.g., the 2012 terms) do...more

Caveat Emptor: Emerging Issues for Buyers of Bankruptcy Claims

In a large Chapter 11 bankruptcy case, claims against the debtor are actively traded in the secondary markets. A debtor’s original creditors may lack the liquidity to wait for uncertain payment at the end of the bankruptcy...more

Weekly Law Resume - January 31, 2013: Construction Defects Premised on Negligent Design Theory

by Low, Ball & Lynch on

Beacon Residential Community Association v. Skidmore, Owings & Merrill, LLP Court of Appeal, First District (December 13, 2012) The First Appellate District reversed a judgment in favor of design professionals and...more

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