Features
A Wireless Practice
In a world driven by technology yet somehow tied down by the fear of change, I found myself committed to making Miller, Kagan, Rodriguez & Silver (MKRS) stand out as a productive mobile practice ' one that could reap all the benefits of technology but maintain camaraderie, efficiency and productivity.
In the Marketplace
Highlights of the latest equipment leasing news from around the country.
Features
Creditor Recoupment
The U.S. Court of Appeals for the Eighth Circuit recently held that equitable considerations could not prevent a creditor's recouping of amounts owed to it by a Chapter 7 debtor.
Entity Management In Real Time
As my responsibilities have evolved, so too have the tools and technologies that I use.
Leveraging the Assets of the Law Library
The first installment of this series, in the August 2012 issue, discussed contract terms with online research providers. This installment discusses the role of the law librarian in the IT department.
Health Care Equipment Leasing
Equipment leasing in the health care sector typically stands apart from leasing in other industries. This is a notable point even in stable times, but is especially important to acknowledge as the political and economic environment has provoked an out-of-the-ordinary shift in the U.S. health care market. Reviewing several major developing areas may provide a fuller picture of health care equipment leasing's recent past and lends insight into what lies ahead.
Features
Perfection and Priority of a Security Interest in Internationally Mobile Goods
Even if a loan to a borrower is made by the Cayman Islands branch of a lender, and thus neither lender nor borrower has any "presence" in New York (other than, not atypically, lender's counsel), the parties' choice of New York law should be effective, as New York permits parties to commercial agreements involving not less than $250,000 to "agree that the law of this state shall govern their rights and duties in whole or in part, whether or not such contract, agreement or undertaking bears a reasonable relation to this state."
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- Legal Possession: What Does It Mean?Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.Read More ›
- The Article 8 Opt InThe 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.Read More ›