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We found 931 results for "Equipment Leasing Newsletter"...

New Contract Requirements in Louisiana
August 25, 2010
Recently, Louisiana enacted legislation to regulate automatic renewal clauses in contracts to provide that any contract that automatically renews if the consumer fails to cancel it must disclose the automatic renewal clause clearly and conspicuously and include clear and conspicuous language describing how to cancel the contract.
What's New in the Law
August 25, 2010
Highlights of the latest equipment leasing law.
When Is a Lease of Personal Property a 'True Lease'?
August 25, 2010
Just because a document is labeled a lease may not make it so under commercial law. One of the more heavily contested issues under the Uniform Commercial Code is whether an agreement transferring use and possession of personal property from one party to another is actually a lease as opposed to a sale subject to a security agreement.
Survey of Equipment Finance Activity
July 29, 2010
The Equipment Leasing and Finance Association recently released its 2010 Survey of Equipment Finance Activity, which shows that new business volume among a sample of the ELFA member companies declined 30.3% in 2009, in contrast with a 2.2% decline in 2008.
The Need for Independent Analysis On Portfolio Risks
July 29, 2010
With the current economic condition being the way it is, and the risk assumed by banks and lessors being scrutinized more and more, the once shunned idea of turning to an outside valuation provider for an assessment of potential exposure is now becoming more prevalent.
When Is a Lease of Personal Property a 'True Lease'?
July 28, 2010
This article discusses the advantages and disadvantages of a "true lease" versus a security agreement, the legal considerations in determining how an agreement should be characterized under the UCC, and some interesting recent decisions in this area.
Lessors and the Proposed New Accounting Rules
July 27, 2010
This article examines the proposed lease accounting rules to date and their anticipated impact on lessors and the way they do business.
Environmental Liability: Equipment Lessor Is Responsible Under CERCLA for Cleanup Costs As the Owner of a 'Facility'
July 27, 2010
Equipment lessors need to learn a new acronym: CERCLA. It stands for the Comprehensive Environmental Response, Compensation and Liability Act, and it has the potential to expose lessors to millions of dollars in environmental liability.
Q&A: Rebecca Turner Shares Her Unique Perspective As a Franchise Attorney and Franchisee
July 27, 2010
In this Q&A, Rebecca Turner discusses how her experience as a franchisee has affected her legal career and how she uses that perspective to work with franchisees and franchisors.
In the Marketplace
June 30, 2010
Highlights of the latest equipment leasing news from around the country.

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  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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