Arbitration clauses merit careful consideration

Posted: August 24th, 2007 by Gaslowitz Frankel LLC

Law.com has a really good article out today why considering the costs and dangers of arbitration is so important.Before inserting or agreeing to a boilerplate arbitration clause, companies should consider the complexity of the litigation that generally arises from their contractual disputes, the number of contracts they are parties to, the number of states in which they transact business and the effect of standard fee-shifting provisions in the types of disputes faced. In the wrong contract, an arbitration clause can prolong and unnecessarily increase the length and cost of resolving a dispute.

Related News   Arbitration, Mediation and Arbitration

Beazer Homes sues trustee in federal court to block default

Posted: August 24th, 2007 by Gaslowitz Frankel LLC

Beazer Homes, USA, Inc., an Atlanta based home building company, recently filed suit in federal court against the bondholders’ trustee. Beazer aims to block bondholders from accelerating repayment of their notes. While note holders are contractually permitted to sell at their discretion, according to the company, many of the current note holders purchased the bonds at such depressed prices that allowing acceleration of repayment would create a windfall for note holders, while pushing the company into default on $1.3 billion in debt.

Thanks to the Daily Report.

Related News   Business Litigation, Contract Disputes

‘New’ daughter of James Brown wants to be part of will

Posted: August 23rd, 2007 by Gaslowitz Frankel LLC

LaRhonda Petitt, who recently proved herself to be the daughter of James Brown, plans to file a motion in the singer’s estate to claim property and a right to oversee the estate. Petitt’s claim rests on the theory that the term “children” in Brown’s will includes children that he was not aware he had. Brown’s will specifically names six of his children. Since his death, three other individuals have proven themselves to be his biological children through DNA testing.

Source: Daily Report.

Related News   Probate and Estate Disputes, Will Disputes, Will and Estate Disputes
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