Valuing Like Kind Exchanges: Is It Too Good to Be True?
How would you as a lessor like to increase your after tax income by millions of dollars? How would you as lessor like to increase spreads by 30 basis points? Would you like to do this without having to cut costs or take the risk of creating a new product, entering a new market and hiring lots of staff? The answer to these questions of course is "yes," and it sounds too good to be true as the way to get there is to use a gift from the IRS ' implement a Like Kind Exchange ("LKE") program in your leasing business.
Substance, Not Form, Dictates Characterization of Assignment of Lease
In a recent decision, the Tenth Circuit held that an assignment of lease and certain lease-related equipment was a secured transaction, and not a true sale, despite the execution of a bill of sale from the assignor to the assignee. <i>Stillwater Nat'l Bank and Trust Co. v. CIT Group/ Equipment Financing, Inc.</i>, 383 F.3d 1148 (10th Cir. 2004).
Malpractice in the Line of Duty: Who Catches the Bullet?
A traditional requirement in many sophisticated equipment leasing and financing transactions is the closing opinion, in which an attorney or law firm is requested to opine on a variety of relevant topics, ranging from proper corporate or partnership approval of the transaction in question, to the legality, validity and enforceability of one or more material agreements. Oftentimes, there may be multiple closing opinions issued in respect of the closing, with certain opinions being rendered by internal counsel for one or more of the transaction participants, and another set rendered by external counsel.
In The Marketplace
Highlights of the latest equipment leasing news from around the country.
'Insourcing' HR Gives Law Firms Extra Services
Employee health benefits were the number one reason Louis Reisman, managing director of Los Angeles-based Weinstock, Manion, Reisman, Shore & Neumann, began investigating the concept of Professional Employer Organizations (PEOs). That was back in 1987. Now almost 20 years later, the decision to utilize a PEO continues to be among the best he has made for his firm.
'Get The Coach On The Phone!'
No part of a legal education teaches attorneys how to supervise support staff, or their fellow attorneys. The future of any law firm is highly dependent upon a firm's ability to attract, hire, train, and retain the best talent. One of the primary reasons that attorneys leave their places of employment is an unsatisfactory relationship between the lawyer and his or her supervisor. How many of us have watched senior attorneys hold on to aspects of their work that would offer a junior person a great opportunity for development? <br>Coaching can help attorney supervisors assess and evaluate their supervisory style, to determine how to fill voids in their employment management education, to encourage better results from their associates, and to create working teams that best meet clients' needs.
Your Future: Is There A Merger There? Are You Going To Follow The Lemmings Or Set Your Own Course?
A recent article in the <i>National Law Journal</i> piqued my attention. It hit on a point that many middle market firms must consider too often. The article in the Jan. 10, 2005 issue is titled "Mergers? Not Here Thanks." Many firms not listed as mega-firms are asking the same questions ' should we take an offer to merge with a larger firm? Here are some questions every partner and firm should ask before considering combining with any other firm.
Reducing Law Firm Overhead Costs
A law firm management's primary focus, like most professional service firms, is new business, billing a high percentage of partners' and associates' time and, of course, collecting a high percentage of billings. Under pressure to increase revenues and grow the bottom line, executives often overlook smaller firm overheads such as office supplies and related items, printing, stationery, overnight delivery, telecom and copiers. <br>The truth is that management just does not have the time or resources to regularly review expenses and reduce these costs. Selecting a professional firm to perform the cost reduction work most often represents the best solution.
