In the Marketplace
December 18, 2009
Highlights of the latest equipment leasing news from around the country.
Double Duty: UCC Definition of Goods Same for ' 503(b)(9)
December 18, 2009
As most practitioners know, the Bankruptcy Code imposes a specific priority scheme that controls the payment of claims. The higher the priority of a particular claim, the more likely it is to be paid. Generally, secured claims are paid first from the specific collateral backing that claim, followed by administrative priority claims, unsecured priority claims and then general unsecured claims. Equity takes last, assuming there is anything left.
Taxpayer Victory in Con Edison LILO Shocks IRS
December 18, 2009
In <i>Consolidated Edison Company v. United States</i>, the taxpayer's tax treatment of a LILO transaction was upheld by the court, and all tax benefits claimed by the taxpayer were sustained. Naturally, some muckraking columnists hurried to criticize the Con Edison decision, expressing disappointment that the court actually applied historic leasing case law to a well-developed factual record. Despite their whining, the case demonstrates that the IRS (and the muckrakers) was wrong to treat all LILO and SILO transactions as though they were some prepackaged tax-shelter commodity. Each case turns on its facts, and the taxpayer wins in a properly chosen and argued case.
2010 RED ZONE LEGAL SALES LEADERSHIP
December 18, 2009
2010 RED ZONE LEGAL SALES LEADERSHIP During the past few years, I have been pushing our firm's clients to clearly define their business development training objectives. They all fall into 4 categories that enhance legal sales: * Revenue Growth * Brand Recognition * Enhanced Visibility * Profitability. A forward thinking lawyer marketing program develps tactics which combine all four objectives. See our series of blogs which detail the most successful business development consultant tools at www.closersgroup.com/blog/.…
'Cyber Monday' a Big Hit Again
December 18, 2009
Cyber Monday, three days after Black Friday (the traditional start of the holiday shopping season for bricks-and-mortar retail outlets), was its usual hit with e-tailers in 2009 ' in fact, the largest yet in terms of sales. Comprehensive final sales figures weren't available by press time, but it appears that online shopping at the start of the holiday season was up at least 5% over 2008.
FTC Guidelines Fallout
December 18, 2009
The regulations that the Federal Trade Commission recently promulgated on product endorsements could result in injunctions for bloggers and advertisers, who could be ordered to reimburse consumers for financial losses stemming from product reviews that are considered inappropriate under the new guidance.
The Law of Unintended e-Consequences
December 18, 2009
Everyone who has ever worked on a tech project, whether in e-commerce or general business, has probably seen situations in which an assumed solution creates a bigger mess than the original problem. It's called <i>the law of unintended consequences.</i> A recent federal appellate ruling shows how this rule can work in the law.
Advertising 2010
December 18, 2009
In these times, it's important to remember that advertising is still a vital tool that firms may use to position and express their brand and message. What better time than now to look ahead to what firms should be considering to use to better position themselves for the coming year and the ultimate rebound?
Climate Change and Global Warming
December 18, 2009
This article examines four avenues for addressing the problems of climate change and global warming: international diplomacy, litigation, regulatory agency action, and legislation. Various aspects of these avenues impact product manufacturers and, in turn, product liability litigation.
