Archive for September, 2008

Sep 2008 26

Reduce the High Costs and Risks of Managing Contracts

Contract management has become increasingly complex.
Paper traffic from contract notices is overwhelming.
Fortune 500 companies and others are managing hundreds to thousands of contracts with multiple notice provisions, renewal dates, related litigation, and rigorous audit, tracking and compliance requirements.
Managing vendors and invoices is extremely time-consuming.
All these demands are costly in an economic climate with increasing budget …

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Posted in: Matter Management

Sep 2008 17

Lender Denied Enforcement of Springing Guaranty

In Meecorp Capital Markets, LLC v. Tex-Wave Industries, LP, 2006 WL 3813779 (S.D. Tex. 2006) one of the issues was the enforceability of a springing guaranty. Under the terms of the guaranty the guarantors had no liability if they cooperated with the foreclosing lender after default. But the guaranty became enforceable if the …

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Posted in: Uncategorized

17

Court Refuses to Subordinate Claims of Secured Creditors

The court in In re Restructuring, Inc., 532 F.3d 355 (5th Cir. 2008) was asked to equitably subordinate certain “eleventh hour” loans by corporate insiders on the grounds of inequitable conduct. Finding no harm to the borrower or the unsecured creditors, the court refused to do so.
John and Jeffrey Wooley were officers and directors …

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Posted in: Uncategorized

Sep 2008 09

Trademarks – Who Else Might Be Using Your Name?

In a recent post, we talked about the Likelihood of Confusion associated with trademark infringement by identifying some of the contributing factors.
So now that you know what can make two separate trademarks confusingly similar, how do you identify who might be using a conflicting brand in the marketplace?
The first, and easiest way to do that …

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Posted in: Trademarks

Sep 2008 02

Likelihood of Confusion – Protect Yourself with a Trademark

When it is time for you to consider a name for your company, product, or design of your logo, you’ll want to consider closely how likely it is that it could be considered confusingly similar to other existing trademarks. In the United States, trademark protection is based on first use. So if you …

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Posted in: Trademarks