Perfection and Priority of a Security Interest in Internationally Mobile Goods
September 26, 2012
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."
In the Marketplace
August 30, 2012
Highlights of the latest equipment leasing news from around the country.
Mediation in the Equipment Finance Industry
August 30, 2012
This article discusses what mediation is, what happens at mediation, why mediate, what to look for in a mediator, and how mediation is an underused tool in the equipment leasing field.
What's New in the Law
August 30, 2012
Highlights of the latest equipment leasing cases from around the country.
Getting It Back: Recovering Transfers That Create Insolvency
August 30, 2012
Over the past few years, several companies have run out of money and been forced to declare bankruptcy within months of completing transactions that depleted their equity value and rendered them insolvent. By understanding the test for determining whether such transactions can be unwound, lenders, recipients and creditors all benefit.
Understanding Landlords' 'Self-Help' Rights
August 29, 2012
Most states have established summary eviction proceedings which, in theory, provide landlords with a more efficient and expedient method of retaking possession than traditional civil litigation.
The New York Convention for the Enforcement of Foreign Arbitral Awards
July 30, 2012
Cross-border equipment lessors and their financiers often prefer binding arbitration clauses in their lease agreements on the assumption that, under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, an arbitral award granted, for example, in the United States would be simple and quick to enforce in the foreign jurisdiction of the lessee. This, however, is not necessarily the case.