Volume 29 - Number 2 | March 2010
| March issue in PDF format … |
| Taxpayer Suffers SILO (Pre-tax) Loss in Wells Fargo By Philip H. Spector In Wells Fargo & Company v. United States, a court considered for the first time SILOs involving domestic municipal transit agency lessees. While one would have thought that the domestic and federally approved nature of the transactions would have some influence on the decision, they did not. |
| Rule B: Good Riddance to Maritime Pre-judgment Attachments of EFTs By James F. Fotenos While those who made a living prosecuting (and defending) Rule B attachments have to be disappointed by The Shipping Corporation of India, Ltd., v. Jaldhi Oversees Pte. Ltd., the commercial bar generally and participants in international trade, including generally equipment lessors (e.g., marine cargo container lessors), are grateful for the decision. |
| Braving Tempestuous Times: Hell-or-High-Water Obligations Maintain Their Viability Despite Leasing Scams and a Troubled Economy By Raymond W. Dusch Part One of this Article discussed the impact of some of the recent NorVergence cases on the viability of hell-or-high-water obligations for third-party financing of lease obligations. This second installment discusses the effect of several other cases on the financing of hell-or-high-water lease obligations and accounts receivable obligations in a decade marked by credit crisis and financial fraud, and provides some practical strategies to assure wary funding sources that hell-or-high-water obligations will remain a viable route for navigating treacherous economic seas. |
