Watch Out for Loose Connections
April 29, 2022 By Brian Babcock Lending agreements, and in particular guarantees, which come with their own subset of rules, need to be carefully drafted. Even sophisticated parties may find themselves in expensive and risky lawsuits if the language is not precise. Intercap Equity Inc. v. Bellman illustrates this risk and provides a degree of […]
What Does “Litigation is Not a Tea Party” Mean?
April 29, 2022 By Brian Babcock Famously, “litigation is not a tea party”, meaning that the participants can expect a tough fight. This is limited by various rules, particularly those that enforce honesty, and try to prevent judges from being misled. Failure to immediately disclose an agreement between parties to a lawsuit that converts their […]