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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

  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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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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  • 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.
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