Features
In the Marketplace
Highlights of the latest equipment leasing news from around the country.
Features
2013 Outlook Is Stable for U.S. Finance and Leasing Companies
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>
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
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
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 & Finance Foundation.
A Lessee's Guide
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
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
Third-Party Litigation Funding in Bankruptcy Cases
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)
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
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (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.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis 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.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›