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Implications of the Electronic Funds Transfer Act of 1978 : Preparations and Considerations

Shachmurove, Amir - 2020

The second of a two-part "handbook" — the first has been simultaneously posted on author's SSRN page — this pithy article details the potential defenses available to financial institutions and the issues that all parties should be prepared to address when proposing or rebuffing a claim...

Persistent link: https://www.econbiz.de/10012844312

Implications of the Electronic Funds Transfer Act of 1978 : Background and Structure

Shachmurove, Amir - 2020

On Nov. 10, 1978, President Jimmy Carter signed a lightly amended version of House Resolution 14279 into law. Days later, Rhode Island's Fernand St. Germain made clear its primary purpose: the modernization of the existing bank regulatory system. Tucked within this bill lay the Electronic Funds...

Persistent link: https://www.econbiz.de/10012844313

The View from § 2605(g) : RESPA's Causation Condition

Shachmurove, Amir - 2020

Over the course of its multi-decade existence, the Real Estate Settlement Procedures Act ("RESPA") has been amended to cover many diverse yet related “real estate” subjects. In its present iteration, two provisions — sections 2605(g) and 2609 — deal with mortgage escrow accounts, with...

Persistent link: https://www.econbiz.de/10012844314

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

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