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The Lay of a Virtual Land : Cryptocurrencies as Collateral

Hagerty, Richard - 2020

The rapid rise of cryptocurrencies over the last twenty years has interjected havoc into the staid field of commercial law, one long regulated by the Uniform Commercial Code (“U.C.C.” or “UCC”). Naturally, many individuals and organizations started to count their stash of...

Persistent link: https://www.econbiz.de/10012844331

Escape from Pandemonium : Reconciling § 363(f) and § 365(h) in Qualitech's Shadow and Spanish Peaks’ Wake

Shachmurove, Amir - 2020

Persistent link: https://www.econbiz.de/10012852784

The Consequences of a Relic's Codification : The Dubious Case for Bad Faith Dismissals of Involuntary Bankruptcy Petitions

Shachmurove, Amir - 2020

Since 1978, dismissals of involuntary bankruptcy petitions due to petitioning creditors' bad faith have proliferated. In the process, a textual oddity has not gone unnoticed: even as “bad faith” is denominated as the basis for an award of punitive damages, nowhere in the Bankruptcy Code's...

Persistent link: https://www.econbiz.de/10012854641

Another Way Out : Structured Dismissals in Jevic's Wake

Shachmurove, Amir - 2020

Persistent link: https://www.econbiz.de/10012855814

The Faithless Franchisor : Rethinking Good Faith in Franchising

Emerson, Robert W. - 2022

The rapid expansion of franchising requires that the courts, and the law in general, adapt to new circumstances … in Franchising” rule.Currently, remedies for disgruntled parties to franchise agreements are limited to those available …, legal remedies for bad faith in franchising agreements already exist. For example, at common law, tort damages may be …

Persistent link: https://www.econbiz.de/10013491635

Cool Bidding : The Post-Radlax Contours of Section 363(k)'s 'For Cause' Standard

Shachmurove, Amir - 2023

Distilled to its most basic sense, § 363(k) has always given secured creditor the right “credit bid,” or to use, up to the full amount of the debt owed to the secured creditor by the debtor, as currency in any sale of the collateral securing the debt owed to that claimant under § 363(b)...

Persistent link: https://www.econbiz.de/10014358761

Queenie and Robins in a Gas Fracking World : The Automatic Stay’s Conjectured Extension to Actions Against Non-Debtor Pool Participants

Shachmurove, Amir - 2023

As of the a bankruptcy petition’s filing date (the “petition date”), § 362(a)(1) stays “the commencement or continuation ... of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under...

Persistent link: https://www.econbiz.de/10014343748

Franchisors in a Jam : Vicarious Liability and Spreading the Blame

Emerson, Robert W. - 2022

Franchising serves as one of the most popular forms of owning and operating a business. As the franchise model has ….Consumer surveys about the meaning of licensed trademarks, especially in franchising, and a review of 250 franchisor websites - both …

Persistent link: https://www.econbiz.de/10014243816

Devising a Royalty Structure that Fairly Compensates a Franchisee for Its Contribution to Franchise Goodwill

Emerson, Robert W.; Carrington, Charlie C. - 2021

arising from issues related to franchise networkcreativity, transfers, and terminations, parties in a franchising … franchising context. Additionally, franchisors could alsobenefit from this variable royalty structure by incentivizing good …, the proposed variable royalty system intends to simultaneouslybalance power in the franchising relationship, bring …

Persistent link: https://www.econbiz.de/10013244169

The Five Stones : Bill 15, the Franchises Act

Wayne, Mary-Ellen - 2018

This paper outlines a wide range of new protections extended to franchisees in Manitoba under The Franchises Act (2010). The act explicitly extends five key protections to individuals entering into franchise agreements with a franchisor, including the duty of fair dealing, the right to...

Persistent link: https://www.econbiz.de/10012913066