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

Assignments: Paying Agent Not Liable to Assignee
November 20, 2008
In a recent opinion by the U.S. Court of Appeals for the Ninth Circuit, the court held that the account debtor's payment obligations do not extend to its agent.
Eleventh Circuit Upholds Graves Amendment
November 20, 2008
Congress enacted the Graves Amendment in August 2005 to bar vicarious liability claims against long-term lease and rental car companies. Often challenged in the courts, the dependability of the Graves Amendment has been undermined by inconsistent court rulings that subject lessors to the liability the Graves Amendment intends to prevent.
Summary and Analysis of the Troubled Asset Relief Program
November 20, 2008
This article cuts to the substance of the Troubled Asset Relief Program, examining the provisions dealing with the actual purchase, management, and sale of troubled assets, with an eye toward the financial community.
In the Marketplace
October 28, 2008
Highlights of the latest equipment leasing news from around the country.
IRS SILO Settlement Initiative
October 28, 2008
On Aug. 6, 2008, the IRS announced settlement initiatives for more than 45 large corporate taxpayers that engaged in Lease-In/Lease-Out ("LILO") or Sale-In/Lease-Out ("SILO") transactions, which were designated as listed transactions in 2000 and 2005 respectively.
e-Mail Exchanges As Binding Contracts
October 28, 2008
As a number of recent decisions in New York and elsewhere make absolutely clear, for good or for ill, parties now can conclude a contract, or amend an existing contract, via e-mail.
And on the 46th Day, Who Wins? A Primer on Federal Tax Liens, the 45-Day Rule, and Future Advances
October 28, 2008
Part One of this article discussed Article 9 security interests and future advances, and federal tax liens. This final installment addresses exceptions for purchasers, holders of security interests, and certain others.
Legislative Update
October 27, 2008
This article provides relevant highlights of legislative and regulatory reactions to the tumultuous financial events affecting equipment leasing.
In the Marketplace
September 29, 2008
Business transactions of interest.
Court Finds Compelled Purchase Option in SILO Case
September 29, 2008
Conclusion of a discussion on the recently decided <i>AWG Leasing Trust</i> case, in which a federal district court found against a taxpayer that engaged in a cross-border sale-leaseback of a waste-to-energy facility located in Germany.

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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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