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Reviewing Key Bankruptcy Decisions of 2008
February 27, 2009
As we look ahead to the coming year, it is instructive to review the important bankruptcy decisions of 2008. As bankruptcy filings continue to increase, the decisions summarized in this article may have important ramifications on a variety of issues.
Waiting for the Thaw: A Look at Repossession and Liquidation Statistics
February 27, 2009
By reviewing data over a number of quarters, the author notes trends that are occurring in specific sectors of the equipment leasing industry.
First Modifications Since 2001 Considered for UCC Article 9
February 27, 2009
This article discusses several items on the Article 9 Joint Review Committee's agenda that could result in amendments to UCC Article 9, certain secured transactions provisions of UCC Article 8 and the official comments.
Excess Lease Liability and Insolvency
January 30, 2009
Based on SFAS 5 and in the author's opinion, a law firm's excess lease liability is not an event or item that should be included as a liability for purposes of determining insolvency or for financial statements issued in compliance with generally accepted accounting principles.
February issue in PDF format
January 29, 2009
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In the Marketplace
January 29, 2009
Highlights of the latest equipment leasing news from around the country.
What's New in the Law
January 29, 2009
Highlights of the latest equipment leasing case law.
Current Issues in Syndicated Lending: Defaulting Lenders and the Failure to Fund
January 29, 2009
The adverse impact of the current market disruption on many financial institutions has given rise to an increased risk of the occurrence of lenders defaulting on lending obligations. This, in turn, has placed unexpected focus both on the effectiveness of defaulting lender provisions and certain other funding and management mechanics of many syndicated credit agreements.
It's Going to Be a Green Year
January 29, 2009
Clean energy is a top priority for the Obama administration and the new Congress. The President's campaign pledges and post-election comments posit clean energy as a key element for advancing the nation's economic recovery, fostering energy independence, addressing climate change, and reinvigorating American leadership in innovation and manufacturing.
Renewable Energy Leasing Opportunities
January 29, 2009
Lately there has been increased interest in the use of sale-leasebacks as a financing mechanism for solar projects. While most of the activity to date has involved solar projects, there is no reason that sale-leasebacks could not be used to finance other types of renewable energy or other energy projects eligible for investment tax credits under Section 48, such as fuel cells, geothermal or certain combined heat and power facilities, as well as integrated gasification combined cycle and other advanced coal-based generation projects under Section 48A or gasification projects under Section 48B.

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  • The Article 8 Opt In
    The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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  • Strategy vs. Tactics: Two Sides of a Difficult Coin
    With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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  • Rights and Obligations In Patent Licenses
    The owner of a commercially successful patent may have competing desires. On one hand, the patent owner wants to protect the patent and secure its maximum benefit; on the other hand, the patent owner wants to avoid enforcement litigation with competitors because it is expensive and puts the patent at risk.
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    The doctrine of equivalents is a rule of equity adopted more than 150 years ago by the U.S. Supreme Court. Prosecution history estoppel is a rule of equity that controls access to the doctrine. In May 2002, the Court was called upon to revisit the doctrine and the estoppel rule in <i>Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. Ltd.</i> Ultimately the Court reaffirmed the doctrine and expanded the estoppel rule, but not without inciting heated debate over the Court's rationale &mdash; especially since it included a new and controversial foreseeability test in its analysis for estoppel.
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