Medspa Operations
December 18, 2009
The medical spa industry has grown rapidly over the last several years. In 2004, there were only 471 in the United States, but by 2009 there were nearly 2,000. The law of averages suggests that with more spas, more treatments and more injuries, there are bound to be more mishaps and adverse reactions at these facilities.
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.
Sometimes Hell Does Freeze Over
December 18, 2009
The recent decision in <i>Reliastar Life Insurance Co. of New York v. Home Depot U.S.A., Inc.</i> illustrates once again the limits of a purchaser's or lender's ability to rely on an estoppel certificate, especially when a tenant is entitled to claim constructive eviction. Moreover, the court determined that constructive eviction would trump a "hell or high water" commitment to pay rent.
Trucking and Machine Tool Repos Decline In Q3
November 30, 2009
The third-quarter results of Nassau Asset Management's NasTrac Quarterly Index ("NQI") show a decline in trucking and machine tool repossessions, as compared with the same quarter last year, while construction and printing equipment repos continued to rise.
New Burdens for Federal Contractors
November 30, 2009
It is becoming more burdensome under the Obama administration for leasing companies to do business as federal government contractors. In addition to maintaining an Affirmative Action Plan with accompanying statistics, reports, and logs, contractors will now be required to post a notice informing employees of the right to organize a union under the National Labor Relations Act and be required to use the federal E-Verify system to authenticate the identity and employment eligibility of job applicants and employees.
Canadian Insolvency Law Amendments
November 30, 2009
On Sept. 18, 2009, the Canadian government enacted significant Amendments to Canada's Bankruptcy and Insolvency Act and Companies' Creditors Arrangement Act. This article focuses on certain of the Amendments to which equipment financiers should pay particular attention as they may impact how equipment financiers transact business.
In the Spotlight: Negotiating a Rooftop Antenna Contract
November 24, 2009
This article addresses some of the legal issues that a landowner needs to consider when negotiating a cell tower lease or license with a telecommunications company for the installation of equipment on its rooftop.
In the Marketplace
October 29, 2009
Highlights of the latest equipment leasing news from around the country.
Vehicle Leasing: Graves Amendment Held Inapplicable to Leased Trailers
October 29, 2009
If you or your clients are in the business of leasing the trailer portions of tractor-trailers take note, a New York County trial court judge has ruled that 49 U.S.C. ' 30106, ("the Graves Amendment"), does not pre-empt actions alleging vicarious liability with respect to "delivery equipment" that does not contain a motor.
