We’re talking bailments, folks. When I ask you to hold my beer, I am entrusting you with the safekeeping of my beer. Or, in the case of a cargo ship full of luxury autos, the safe transport of my cars from Europe to North America. Just like the baton in a relay race, the chain …
Read More “Here, Hold My Beer and Watch This”
It doesn’t take much disruption to throw things into chaos when you’re operating “just in time”. And, let’s face it, there is an abundance of chaos right now. Great minds all over are grasping (here’s one current academic article). It might seem tempting to want to sue to enforce a contract (or to cancel a …
Read More “The “Over/Under” on Supply Chain Disruptions”
A key aspect of the alphabet soup of data protection laws is vendor risk management. You should be aghast to learn that your vendor was storing all of your customers’ data on a billboard… or in a completely unsecured database. It’s like learning the babysitter left your kids at the house and went out on …
Read More “Data, Left Alone and Unsupervised”
did you see the press about “Detroit’s Gas Station TV and Verifone Announce Joint Venture“? They are local here. You, too, can think big and grow big, you just need courage and the right talent in your corner. When you get Citadel Legal in your corner, you have the right talent.
Quite often, your vendors’ contracts will include a choice of law provision and a forum selection clause. For example: This Agreement is governed by and construed in accordance with the laws of the State of California, without giving effect to its principles of conflicts of law. Any litigation arising out of this Agreement shall be …
Read More “Choose Your Poison”
You have some real estate. It’s mortgaged. The mortgage company requires you to carry insurance. So the insurance company should pay directly to your mortgage company, and not to you, if the property burns to the ground and there is no longer any collateral for the bank to foreclose on, right? Wrong. Your insurance policy …
Read More “The Best Insurance is …”
The US Supreme Court just ruled in a bankruptcy case, where the defaulting debtor used a corporate shell game to try to avoid paying its debt. If you’d like to read the nuances over what does and does not constitute a fraud exception to a creditor being able to gets dollars on their dollars instead of …
Read More “Show Me the Money”
You have probably never heard of the obscure legal phrase – “the Statute of Frauds”. And that’s good. Way back in the 1600’s, folks finally decided that “he said, she said” is a really bad way to decide if there is a contract and what that contract does and doesn’t say. The best way to …
Read More “Living and Breathing the Statute of Frauds”