A Lessee's Guide
December 20, 2012
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
December 20, 2012
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
I Have Seen the Future ...
December 11, 2012
As the economic outlook has continued to remain uncertain and the inability of law firms to reduce or hold the line on expenses becomes more apparent, law firms are increasingly looking at oursourcing.
Landlords' Liens and Waivers
November 27, 2012
The landlord's lien may be created either by contract under the terms of the lease or through operation of law, and allows the landlord to levy the property located at the demised premises of a tenant who has failed to pay rent.
In the Marketplace
November 19, 2012
Highlights of the latest equipment leasing news from around the country.
Equipment Finance Industry Compensation Increases for Second Consecutive Year
November 19, 2012
Sustained economic growth resulted in an increase in compensation among originators in the equipment finance industry in 2011, according to the 2012 Equipment Leasing & Finance Compensation Survey from the Equipment Leasing and Finance Association and the performance reward consulting and benchmarking firm for the financial services sector, McLagan.
Leasing Fraud
November 19, 2012
In its recent decision in <i>SEC v. Apuzzo</i>, the U.S. Court of Appeals for the Second Circuit held that to prevail on a claim of aiding and abetting securities fraud under § 20(e) of the Securities and Exchange Act of 1934, 15 U.S.C. § 78t(e), the Securities and Exchange Commission need not demonstrate that the defendant's conduct proximately caused the primary violation.
A Lease Is a Lease Is a ' Loan? Avoiding Recharacterization
November 19, 2012
This article explores the impact of recharacterization, and discusses the tests developed by courts to determine whether a lease will be considered to be a secured loan. Then, a review of the most recent cases shows the characterization tests in practice.