Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
In The Marketplace
Conference Committee Approves FSC/ETI Legislation: On Oct. 7, 2004, a House-Senate conference committee gave final approval to a $145 billion tax measure containing key provisions affecting the leasing industry. The conference agreement on the $145 billion Foreign Sales Corporation/Extraterritorial Income (FSC/ETI) reform legislation (H.R. 4520) provides transitional relief for FSC/ETI leases in light of the repeal of FSC/ETI. Under the terms of the conference agreement, full transitional relief will be afforded for those FSC/ETI leases subject to a binding contract as of Sept. 17, 2003. A binding contract includes purchase options, renewal options and replacement options, which are included in the contract and which are enforceable against the seller or lessor. In addition, the legislation contains a number of depreciation changes, a passive loss regime that addresses the monetization of lease obligations, equity investment, and risk of loss, as well as a provision addressing like kind exchanges of certain leases and lease property.
The conference agreement also provides a special rule for qualified technological equipment (QTE) leases so that standard renewal options of no more than an additional 24 months do not count against the “5 year” rule for purposes of the 125% depreciation rule. This rule will be particularly helpful in the medical and telecom fields and would encompass such diagnostic imaging equipment as MRIs, CT scanners and ultra sound equipment as well as high-tech microprocessors.
The much-debated general effective date is set to be March 12, 2004, rather than the Senate bill's far more onerous super-retroactive effective date.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.