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Challenges in Solar Equipment Finance
In recent years, in certain parts of the country, solar electricity generation systems have become increasingly popular for all sorts of consumers, including commercial landlords and tenants. (For ease of reference, this article will refer to such systems, including solar photovoltaic panels, inverters, racking and related equipment as “solar equipment.”) Growth in solar-generation capacity has not been evenly distributed across the country, however, as some states' policies and laws are solar-friendly, while those in other states pose barriers. One such barrier in many states is the lack of access to financing.
Although the costs of solar equipment have decreased dramatically in recent years, many businesses and individuals need access to financing in order to pay the upfront costs of such equipment. In response to this need, many companies active in equipment leasing and finance — some long-standing members of the industry as well as new ones — have stepped in to offer financing solutions for solar equipment. However, many states have laws that limit such participants' flexibility to use certain financing structures. Some states limit financing mechanisms structured as sales of electricity (power purchase agreements), either expressly or because of lack of clarity in the application of existing laws. State laws can also be ambiguous in their application to leases of solar equipment.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.