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Lessons for secured creditors in recent decision

Masuda Funai Eifert & Mitchell Ltd
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USA
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May 2 2013

A recent Seventh Circuit decision authored by Judge Posner offers several lessons for secured creditors competing over the same collateral

Forum selection clause enforces "home court" advantage

Masuda Funai Eifert & Mitchell Ltd
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USA
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April 16 2013

As playoff season approaches in professional football, basketball and other sports, teams will compete for "home court" advantage. Most teams will

Without a license, distributor not franchisee, says New Jersey Federal Court

Masuda Funai Eifert & Mitchell Ltd
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USA
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March 19 2013

One of the banes of a commercial lawyer is the distinction between an ordinary distributorship and a "franchise" under state law. Most states have

Risks and rewards of sales requirements in distributor and sales representative agreements

Masuda Funai Eifert & Mitchell Ltd
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USA
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March 8 2013

Suppliers, when appointing a distributor or a sales representative, will often want to include minimum sales requirements. These requirements both

Written sales representative agreement succeeds in limiting commissions of terminated representative

Masuda Funai Eifert & Mitchell Ltd
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USA
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February 21 2013

It is common for manufacturers and sellers of products to use independent sales representatives to generate sales. These arrangements can be "win

Statute of Frauds defense fails based on course of dealing

Masuda Funai Eifert & Mitchell Ltd
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USA
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February 8 2013

The Statute of Frauds requires certain contracts to be evidenced by a writing to be enforceable. It is based on an English statute from the 17th

Action to "pierce corporate veil" fails another creditor spurned

Masuda Funai Eifert & Mitchell Ltd
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USA
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February 7 2013

The 7th Circuit has again left a disappointed creditor with no recourse because of the creditor's failure to do basic investigation or take steps to

Court permits reformation of erroneous document lesson is to make really dumb errors to prevail

Masuda Funai Eifert & Mitchell Ltd
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USA
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August 27 2012

In a recent decision, the 7th Circuit Court of Appeals was faced with a situation that is the bane of any commercial and business attorney

7th Circuit creates conflict among federal courts regarding ability of bankrupt trademark licensor to reject license agreement; U.S. Supreme Court may need to decide

Masuda Funai Eifert & Mitchell Ltd
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USA
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July 17 2012

In a recent important decision, the 7th Circuit Court of Appeals held that a trademark licensor could not use its bankruptcy to deny the rights of a licensee to use the trademark pursuant to a pre-bankruptcy agreement

Court protects shareholder from liability when it terminates payments to former executive

Masuda Funai Eifert & Mitchell Ltd
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USA
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July 6 2012

One of the benefits to a corporate form of entity is the protection of shareholders from liability for obligations of the corporation