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February, 2013 Articles

Litigation Lenders: Beware of the “Two-Dollar Bankruptcy”

Lenders: Beware of the “Two-Dollar Bankruptcy” by Matthew Kenefick Most lenders usually only involve legal in problematic or highly-complicated transactions; otherwise, business would grind to a halt. Most loan documents are created using form software or are reused from prior transactions. The unwary lender, however, may inadvertently create an enforcement trap. Even with careful underwriting, […]

Corporate JMBM Retail Alert: Collecting Customer Information Online

Collecting Customer Information Online California Supreme Court Rules Song-Beverly Credit Card Act Inapplicable to Digital Downloads by Robert E. Braun, Esq. In an opinion issued on February 4, 2013, the California Supreme Court (by a narrow 4-3 majority) resolved one of the burning questions in the Song-Beverly Credit Card Act, California Civil Code § 1747 […]

Litigation Anticipating And Avoiding ESI Problems

Anticipating And Avoiding ESI Problems by Matthew Kenefick Not always, but often enough to matter, electronically stored information (“ESI”) problems can be expensive and transform a modest lawsuit into a major dispute. Many times, however, ESI problems can be minimized by identifying the issues early on. Attorneys commonly work with their clients to institute a […]