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Business law quarterlysummer 2014

  • Dykema Gossett PLLC
  • -
  • USA
  • -
  • August 25 2014

You may have encountered the term “bankruptcy remote”. It was coined to refer to a method of endowing a company with certain characteristics which

Inside the courts - September 2014

  • Skadden Arps Slate Meagher & Flom LLP
  • -
  • USA
  • -
  • September 16 2014

This issue of Inside the Courts, Skadden’s securities litigation newsletter, includes summaries and associated court opinions of selected cases

State AGs in the news

  • Dickstein Shapiro LLP
  • -
  • USA
  • -
  • September 4 2014

The AGs of Illinois, Iowa, and Missouri and the U.S. Department of Justice simultaneously filed acomplaint and proposed final judgment in the U.S

Taking a security interest in a closely held business

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • November 1 2012

If a loan or extension of credit requires collateral, banks prefer collateral that is readily marketable rather than taking a security interest in a closely-held business

Mortgage investor's alleged failure to be licensed could subject company to claims under debt collection statutes

  • Ballard Spahr LLP
  • -
  • USA
  • -
  • March 21 2013

A federal court in Maryland recently declined to dismiss a borrower's claims that the owner of a mortgage loan operated as a debt collection agency

Eleventh Circuit interprets "bona fide error" defense to the FDCPA

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • January 13 2011

In deciding a case of first impression for the Court, the Eleventh Circuit recently joined other circuits, including the Eighth and Ninth Circuits, in finding that determining if a debt collector can benefit from the "bona fide error" defense to the Fair Debt Collection Practices Act ("FDCPA") is a fact-intensive inquiry that requires a case-by-case analysis

A word of caution to co-guarantors: do not assume you will be reimbursed for partial payments of a common liability

  • Barnes & Thornburg LLP
  • -
  • USA
  • -
  • January 24 2011

Suppose you are one of multiple individual owners of a company, and you all agreed to guarantee the company's loan from a bank

Corporate officers and personal liability: watch what you sign

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • October 19 2011

Although a company is legally considered enough of a “person” to apply for a loan or enter into another type of contract, an actual human being usually an officer or partner has to sign his or her name to the document

Class action lawsuits proliferate in wake of holding that ZIP code collection violates California's Song-Beverly Credit Card Act

  • Wiley Rein LLP
  • -
  • USA
  • -
  • March 17 2011

Any franchisee or retailer in California that collects ZIP code information in connection with credit card transactions should cease doing so immediately

Shareholder derivative action against Wells Fargo’s directors survives motion to dismiss

  • Chadbourne & Parke LLP
  • -
  • USA
  • -
  • June 5 2012

The United States District Court for the Northern District of California recently denied the motion of Wells Fargo & Company (“Wells Fargo”) to dismiss claims that its directors and officers breached their fiduciary duties to shareholders during the mortgage crisis