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LJN's Equipment Leasing Newsletter
LJN Web Audio Conference Division
Articles from Related Newsletters
In the Spotlight: Conducting Leasing Due Diligence? Watch for These Nine Lease Provisions
Commercial Leasing Law & Strategy
This article provides a brief explanation of nine aspects of leases that should be reviewed by the purchaser of income-earning commercial real property or its legal advisers during the due diligence period.

From the International Franchise Expo: Optimism Overshadows Recession
LJN's Franchising Business & Law Alert
It was no surprise to find an increased number of franchisors at the International Franchise Expo in Washington, DC, in April, and to find them determined to prosper even when the U.S. and world economies are struggling.

Compensation for Condemnation of Temporary Easements
New York Real Estate Law Reporter
When the state condemns a temporary easement that encumbers the frontage of a vacant parcel, but uses the easement for only a fraction of the easement’s total duration, how should the landowner’s compensation be computed?

Subprime Mortgages and D&O Coverage: Will Insurers Pay and for What?
The Insurance Coverage Law Bulletin
As the wave of litigation related to subprime defaults builds momentum, the people and institutions targeted by that litigation are looking to their insurers for reimbursement of the costs of defending those actions and any resulting liabilities.

Top Stories
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Headlines
Market-Based MAC and Termination Fee Clauses on the Rise, But Subject to Pitfalls
Two types of contract clauses are commonly cited when a buyer or financing source desires not to make good on its commitment. These clauses are material adverse change clauses and termination fee clauses. Several recent cases show that good draftsmanship and a clear understanding of their intended effect are essential in heading off disputes when implementing these provisions.

New UCC Legislation: The Creation of a Substantial Debtor Name Due Diligence Burden
Two states recently enacted non-uniform amendments to UCC Article 9 that should be of urgent concern to the equipment leasing and finance industry.

Future Avoidance Litigation: A Debtor’s Obligation to Preserve Electronic Data
Part One of this article discussed the facts of the Nortel case in detail and analyzed some of the many novel substantive legal issues relating to the pre-petition equipment returns that constituted a large portion of the transfers at issue. This second installment discusses some of the complex issues that arose in connection with discovery of electronic documents in the Nortel case.

In the Marketplace
Highlights of the latest equipment leasing news from around the country.

May issue in PDF format