Discuss lenders' liability under ...

[lak]

Discuss lenders' liability under CERCLA.

Question 2

The Digital Millennium Copyright Act:
 A) makes it a criminal offense to create programs to circumvent encoded copyrighted materials.
 B) does not impose liability on those who provide Internet access to employees.
 C) does not impose liability for circumvention of encoding of copyrighted materials for personal use.
 D) both b and c
 E)None of the above

[cupcake16]

Answer to Question 1

Lenders' liability under CERCLA remains a question since the Fleet Factors case. The EPA had tried to clarify the situation, but the rules were struck down as an improper exercise of the EPA's authority (ultra vires in the regulatory sense). The best advice for lenders that take possession of financed properties is to sell them quickly, and not get involved in operation of the property or in the debtor's operations.

Answer to Question 2

A

[lak]

Excellent

[bdobbins]

Gracias!