Spencer Fane LLP Logo
Latest Posts

Some Practical Thoughts About the Brave New World of Virtual Currencies

A few days ago, I was speaking with some friends about the “cryptocurrency” called Bitcoin. We laughed about the bubble in the Bitcoin market (it gained 1200% on the US Dollar in the past six months), the perceived need for such a “currency” untethered from any nation or central bank, and whether Bitcoin would be subject to U.S. regulation in the near future. It was a good time. If you’re interested in investing in our new Bitcoin fund, let me know.

It’s Time to Clarify the Law on Breach of Warranty and Vertical Privity

You’re a manufacturer.  If you’re also a client of ours, I hope you’ve already taken our advice and disclaimed your implied warranties under Article 2 of the Uniform Commercial Code (e.g., that the product will be merchantable, fit for its intended purpose, etc.). 
But let’s say you’re not a client of ours or, for whatever reason, you decided to keep the implied warranties, or your disclaimer was ineffective.  You sold your product to a big box store, and an end user purchased it from there.  The end user has decided to sue you for breach of the implied warranty.

Federal Court Puts to Rest Challenges to the Method of Determining the Amount of Foreclosure Deficiency

In prior Alerts we described appellate court decisions addressing challenges to the Missouri common law rule of basing the amount of loan deficiency after real estate foreclosure on the foreclosure price paid, regardless of the fair market value of the affected real property. Challengers have pressed for adoption of a rule that would establish the amount of deficiency as the difference between the unpaid loan obligation and the fair market value of the real property subject to the foreclosure sale. By statute that is the rule in several states, including Kansas.

The Bankruptcy Code v. the Fair Debt Collection Practices Act: Who Wins?

The case of Simon v. FIA Card, Services, N.A., recently decided by the Third Circuit, demonstrates the potential for conflicts between the Bankruptcy Code and the Fair Debt Collection Practices Act (“FDCPA”) and emphasizes that banks should approach bankruptcy debtors with caution.

Environmental Indemnity or Waste of Words?

On November 12, 2013, the First Circuit Court of Appeals handed down its decision in VFC Partners 26, LLC v. Cadlerocks Centennial Drive, LLC, slip op. (1st Cir., 2013). This decision serves as a reminder that courts will look carefully at the words used in a loan agreement’s environmental indemnity provisions to decide whether or how they apply. If the actual wording chosen (likely many years earlier) does not fit the environmental costs sought to be indemnified, the party pursuing indemnity may be greatly disappointed.

Top Tips: What To Do When Litigation Happens – Part II

Doug Weems reminds employers although litigation risks can be minimized, litigation is a fact of life in the United States.

1 11 12 13 Showing 121-130 of 126 results View All