Features
In the Spotlight: Franchise Law
Many commercial leases involve franchises. Consequently, a dispute between a franchisor and franchisee can result in problems for a landlord.
Features
The DOJ's New ADA Regulations and Accessibility Guidelines
On Sept. 15, 2010, the U.S. Department of Justice (DOJ) published new final regulations in the Federal Register under Title II and Title III of the Americans with Disabilities Act (ADA), on accessibility for state and local governmental entities and places of public accommodation.
In the Marketplace
Highlights of the latest equipment leasing news from around the country.
What's New in the Law
Highlights of the latest equipment leasing cases from around the country.
Exposure Draft Accounting
Under the proposed new rules, there are no bright lines. Lessors can classify a lease transaction as either a Performance Obligation or a Partial Derecognition lease. These two products perform very differently on the balance sheet, in a way similar to the different performance of Operating leases and Direct Finance leases. Keep in mind also that the huge bulk of equipment finance transactions are smaller "cookie-cutter" deals — the amount of profit associated with them precludes the possibility of having an accountant make a classification ruling on each deal individually. The classification process must be automated. IT Systems must be able to accommodate classification rules automatically.
Features
What Goes Up Can Come Down
The Dodd-Frank Act directs the Sentencing Commission to amend the Sentencing Guidelines for certain fraud offenses, just as SOX did ten years ago. Those SOX amendments led to sentences greater than under the original Guidelines Manual, and a similar result will likely follow from Dodd-Frank.
Features
Pay to Play
There is heightened scrutiny and a new regulatory regime around pay-to-play issues and public pension fund investments throughout the country.
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