Cybersecurity in Commercial Equipment Leases
<b><i>Hidden Liability for the Unwary Lessor</i></b><p>Much has been written in the industry about equipment lessors' cybersecurity practices for the protection of their information. The issue addressed herein is the equipment lessor's obligations and potential liability for information stored on equipment returned to the lessor at the end of a lease.
Is Electricity a 'Good' Under Article 9?
Can a creditor obtain a security interest in electricity under UCC Article 9? It covers security interests in fixtures and personal property. Clearly, electricity is not real property or a fixture. But what kind of personal property is it?
Recognizing the Signs of Financial Distress
Diagnosing financial distress, and the ability to address the relevant issues, is a necessary role of board members and senior executives. This article examines the types of distress, how to measure it versus how the capital markets measure it, and some of the tools and solutions a company has to address the issues during times of stress.
Discovery Strategies for a Creditor in a Bankruptcy Case
November 01, 2017
<b><i>Beyond Filing a Proof of Claim</b></i><p>This article explains the rights of a creditor, whether an equipment financier or otherwise, to pursue examinations of a debtor in bankruptcy in order to obtain sworn testimony and information that may be helpful to the creditor.
The Art of Filing a Proof of Claim in a Bankruptcy Case
<b><I>Rule Changes You Should Understand</I></b><p>This article focuses on the strategies that an equipment financier may explore when it needs to file a proof of claim in a bankruptcy case to preserve its rights. It also describes a debtor's right to object to a creditor's claim.
Update: The China Equipment Leasing Market
<b><I>Reaching an Inflection Point</I></b><p>As the Chinese government tightly regulates leasing, it is problematic that the industry has never been able to develop a unified position on important licensing, tax, capitalization, regulatory and other requirements. This needs to change if the industry is to continue to expand, particularly among small and medium enterprises.
The Food Safety Modernization Act
Comprising the largest rewrite of U.S. food safety regulations in more than 70 years, the Food Safety Modernization Act (FSMA), which was signed into law on Jan. 4, 2011, has broad implications for almost all constituents involved in the food and feed industry. But FSMA's effect on equipment lessors and other secured lenders requires some consideration and analysis.
Financing and Leasing Technology Is a Strategic Advantage
Law firms may want to leverage a specific law firm management technology to gain a competitive advantage in the marketplace, but might not want to purchase those tools outright. How are you equipping your firm to succeed both in the present day and into the future?
