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What's New in Leasing Law
Ability to Collect Rentals
AT Publishing, Inc. v. OFC Capital, 2007 WL 1725603 (U.S.Dist.Ct. D.Alaska June 13, 2007): In a case involving mostly issues of procedure and evidence concerning a lease of equipment alleged by the lessee to be nonconforming, the court holds that the law governing the obligations of the parties to an Article 2A finance lease is clear that the lessor has no obligation to provide conforming equipment, which obligation belongs instead to the equipment supplier.
Key Equipment Finance, Inc. v. South Shore Imaging, Inc., 835 N.Y.S.2d 268 (App.Div. 2007): This court overturns a lower court's holding that a lease of imaging equipment was unenforceable because its print was less than eight points in depth ' in violation of a New York statute. The appellate court notes that the statute applies by its terms only to printed contracts involving either: 1) consumer transactions for personal, family, or household purposes; or 2) residential leases, whereas this equipment was medical equipment being used by a corporate lessee for business purposes.
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.
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.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.