Corporate
Showing 919 - 924 of 2624 results.
How Should a Corporation Structure an Asset Sale?
An asset sale is a transaction in which a corporation purchases specific assets and liabilities from a seller, rather than acquiring the entire business entity itself. The acquiring corporation must conduct thorough due diligence to identify which assets and liabilities transfer under the purchase agreement, because not all obligations automatically flow to the buyer. The transaction's structure determines tax consequences, successor liability exposure, and post-closing dispute risk. This article examines the key structuring decisions, due diligence requirements, and documentation practices that protect both buyer and seller in an asset sale.
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Asset Management Agreement: Core Safeguards and Enforcement Strategies
An asset management agreement defines a manager's fiduciary duties, fee structures, and reporting requirements to safeguard corporate assets under New York law. In my experience advising corporations, the difference between a well-structured asset management agreement and a poorly drafted one often determines whether a company can enforce its rights when performance falls short. A sound agreement requires written conflict-of-interest disclosures, objective performance benchmarks, and audit rights, all of which become critical evidence if disputes arise. When an asset management agreement is breached, New York corporations may pursue damages, disgorgement, or arbitration under the agreement's governing terms.
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Which Factors Shape Asset Based Lending for Business Borrowers?
Asset-based lending is a financing arrangement in which a corporation borrows funds secured by its assets, typically inventory, accounts receivable, equipment, or real property.Lenders conduct rigorous due diligence on asset quality, valuation, and liquidity to determine advance rates and loan terms. The structure and enforceability of the security interest depend on proper filing, perfection, and compliance with the Uniform Commercial Code, state law, and the loan agreement itself. This article examines the mechanics of asset-based lending, the requirements for perfection and priority, borrower obligations, and lender remedies in default scenarios.
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Corporate Strategies for Artificial Intelligence Compliance Readiness
Artificial intelligence compliance is the process of ensuring that AI systems and their deployment meet applicable legal, regulatory, and ethical standards across data protection, algorithmic transparency, liability, and industry-specific rules.Corporations face a fragmented compliance landscape where federal, state, and sector-specific regulations govern AI use, with enforcement mechanisms ranging from administrative penalties to litigation exposure. What typically affects compliance viability is the corporation's ability to document AI governance structures, data flows, and model decision-making before regulators or plaintiffs challenge the system. This article addresses the legal frameworks governing AI compliance, key compliance risks, and practical steps corporations should take to prepare for potential enforcement or litigation.
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What Factors Influence an Artificial Intelligence Case in Litigation?
An artificial intelligence case typically involves disputes over AI system performance, intellectual property ownership, algorithmic liability, data rights, or contractual obligations tied to AI deployment or licensing.Viability hinges on establishing breach of contract, negligence, intellectual property infringement, or regulatory violation tied to the AI system at issue. What typically affects enforcement is the completeness of pre-dispute documentation, the clarity of AI system specifications in contracts, and whether liability can be traced to identifiable design, training data, or operational decisions. This article covers the procedural posture, defense angles, evidence preservation requirements, and strategic considerations that shape how these disputes move through discovery and toward resolution.
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How Can a Corporation Defend against an Advertising Action?
An advertising action is a civil lawsuit brought by a consumer, competitor, or regulatory authority alleging that marketing claims or product representations violate consumer protection laws, breach of contract, or unfair competition statutes.Corporations defending these claims must understand the plaintiff's burden of proof, procedural defects that can weaken the complaint, and affirmative defenses available under state and federal law. Success often turns on whether the advertisement is literally false, whether disclaimers were adequate, and whether the defendant's internal documentation supports its claims. This article examines the elements a plaintiff must prove, the primary defenses available to corporations, and the practical steps a defendant should take to minimize exposure.
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