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Features

In the Marketplace Image

In the Marketplace

ALM Staff & Law Journal Newsletters

Highlights of the latest equipment leasing news from around the country.

Features

2013 Outlook Is Stable for U.S. Finance and Leasing Companies Image

2013 Outlook Is Stable for U.S. Finance and Leasing Companies

ALM Staff & Law Journal Newsletters

Fitch Ratings forecasts stability in its recently released report <i>2013 Outlook: U.S. Finance and Leasing Companies</i>.

<b><i>Online Exclusive:</i> CA Bill Aims to Protect Public Employees' Social Media Accounts</b> Image

<b><i>Online Exclusive:</i> CA Bill Aims to Protect Public Employees' Social Media Accounts</b>

Cheryl Miller

The author of a new law that will bar companies from seeking their workers' social media passwords has introduced legislation to extend the protections specifically to public employees.

Features

Impact of Private Equity on Franchising Image

Impact of Private Equity on Franchising

ALM Staff & Law Journal Newsletters

As 2013 begins, franchising is being transformed by major investments in franchise systems by private equity funds. <i>FBLA</i> asked leading franchise attorneys how they see private equity affecting the industry, and their responses reflect widespread optimism that these investors are bringing much more than (the widely appreciated) funding that can fuel franchise expansion.

Equipment Finance Sector Expected to Surpass $740 Billion in 2013 Image

Equipment Finance Sector Expected to Surpass $740 Billion in 2013

ALM Staff & Law Journal Newsletters

U.S. businesses and government agencies will finance more than $742 billion in equipment acquisitions in 2013, according to the <i>U.S. Equipment Finance Market Study 2012-2013</i>, recently released by the Equipment Leasing &amp; Finance Foundation.

A Lessee's Guide Image

A Lessee's Guide

Marc Cram

At this time of year, CFOs are scrutinizing the available forms of funding to determine the most efficient way to satisfy their space, equipment and technology needs, and keep their organizations performing at their competitive best financially and operationally.

Enforcement of Article 9 Security Interests Image

Enforcement of Article 9 Security Interests

Frank Peretore

The last few years have been witness to a huge uptick in the number of Article 9 debtors attacking the procedural and substantive aspects of the recovery and sale of collateral. This trend has generated some new and significant case law, and serves as a reminder to secured creditors of the importance of having a good working knowledge of the law regarding the enforcement of Article 9 security interests

On the Move Image

On the Move

ALM Staff & Law Journal Newsletters

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

Third-Party Litigation Funding in Bankruptcy Cases Image

Third-Party Litigation Funding in Bankruptcy Cases

Patrick M. Jones

Third-party litigation financing is a booming form of finance that seems like a natural fit for bankruptcy-related litigation initiated by Chapter 7 trustees, and official committees of unsecured creditors and debtors.

Second Circuit Revisits Mandatory Subordination Under Section 510(b) Image

Second Circuit Revisits Mandatory Subordination Under Section 510(b)

Adam H. Friedman & Jonathan T. Koevary

For the third time in six years, the Second Circuit visited mandatory subordination of claims under Title 11 of the United States Code (the Bankruptcy Code. This article discusses the history of mandatory subordination and the current state of the law.

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MOST POPULAR STORIES

  • 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.
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  • 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.
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    The owner of a commercially successful patent may have competing desires. On one hand, the patent owner wants to protect the patent and secure its maximum benefit; on the other hand, the patent owner wants to avoid enforcement litigation with competitors because it is expensive and puts the patent at risk.
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  • Foreseeability as a Bar to Proof of Patent Infringement
    The doctrine of equivalents is a rule of equity adopted more than 150 years ago by the U.S. Supreme Court. Prosecution history estoppel is a rule of equity that controls access to the doctrine. In May 2002, the Court was called upon to revisit the doctrine and the estoppel rule in <i>Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. Ltd.</i> Ultimately the Court reaffirmed the doctrine and expanded the estoppel rule, but not without inciting heated debate over the Court's rationale &mdash; especially since it included a new and controversial foreseeability test in its analysis for estoppel.
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