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Rebound Year Forecast for 2017 Image

Rebound Year Forecast for 2017

ljnstaff

It is expected that equipment and software investment for 2016 will ultimately close down 1.1%, including three consecutive quarters of declining growth. This trend is expected to reverse in the new year, however, as investment in equipment and software is expected to grow 3.0% in 2017, according to the Annual 2017 Equipment Leasing & Finance U.S. Economic Outlook released by the Equipment Leasing & Finance Foundation.

Features

Rules for Investing In NNN Deals Image

Rules for Investing In NNN Deals

Stephen Nostrand

<i><b>The Mysteries and The Risks</b></i><p>The triple net lease, or NNN (also known as a bondable lease), is a common lease structure used in commercial real estate. Even though it has become widely popular, the most seasoned investors and their advisers do not always fully understand the details.

Features

Criminal Allegations Threaten Merger Image

Criminal Allegations Threaten Merger

ljnstaff

Abbott Laboratories' $5.8 billion proposed purchase of Alere, a Massachusetts medical testing company, is in trouble now that multiple criminal allegations have been leveled against Alere.

Columns & Departments

In the Courts Image

In the Courts

ljnstaff

A jury in the Southern District of Texas awarded over $92 million in damages to the United States in a case against mortgage lenders who fraudulently granted and underwrote loans insured by the Federal Housing Authority and then reaped massive payouts when those loans went into default.

Features

Equipment Financing Is on the Rise Image

Equipment Financing Is on the Rise

ljnstaff

According to the recently released U.S. Equipment Finance Market Study 2016-2017, conducted for the Equipment Leasing and Finance Association, 78% of respondents used at least one form of financing when acquiring equipment in FY 2015. This is up from 72% of respondents from the previous Foundation market study released in 2012, and represents an increase in the overall propensity to finance.

Features

HVCRE Regulations Image

HVCRE Regulations

Mitchell L. Berg & Peter E. Fisch

<b><i>Greater Clarity Needed</b></i><p>The new HVCRE rules require banks to assign a 150% risk weight to any HVCRE exposure (up from the 100% risk weight assigned under general risk-based capital rules) and cover all acquisition, development or construction (ADC) loans unless an exception applies.

Features

The 'Death Spiral' Of U.S. Malls Image

The 'Death Spiral' Of U.S. Malls

Eric S. Chafetz

One of the main causes of the "death spiral" of malls in the United States has been the bankruptcies, and subsequent liquidations, of many retailers that were once household names -- and often a mall's anchor tenants.

Columns & Departments

Case Notes Image

Case Notes

ljnstaff

A New York court has found that a landlord did not commit fraud when it failed to disclose to its prospective tenant that a long-term municipal improvement construction project was about to commence near the leased premises.

Columns & Departments

In the Marketplace Image

In the Marketplace

ljnstaff

Who's going where; Who's doing what.

Columns & Departments

Business Crimes Hotline Image

Business Crimes Hotline

ljnstaff

On Nov. 17, 2016, JPMorgan APAC, a Hong Kong subsidiary of JP Mor¬gan Chase & Co., agreed to pay $72 million for violations of the Foreign Corrupt Practices Act (FCPA).

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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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