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We found 1,036 results for "Equipment Leasing Newsletter"...

What Lessors Need to Know About Antitrust : Competitors of Copier Equipment Provider Entitled to a 'Kodak Moment' in Alleging a Single Provider Relevant 'Aftermarket'
May 28, 2008
The Ninth Circuit recently examined an antitrust issue with significant relevance to the equipment leasing industry. In <i>Newcal v. IKON Office Solution</i>, competitors of a copier equipment provider, IKON Office Solution, alleged that defendant IKON used 'fraudulent practices' to secure and lengthen its customer contracts, thus reducing the ability of competing copier equipment providers to contest for 'aftermarket' business.'
Real Property Law
May 27, 2008
Analysis of recent rulings.
The Role of Law Firm Treasurer
April 30, 2008
Recently, we had the opportunity to spend time with two executives, Jeff Hohner, Treasurer for Kirkland &amp; Ellis, LLP and Rick Nietsch, Treasurer of White &amp; Case LLP. These two men are at the forefront of managing the increasingly complex and global fiscal requirements of today's leading law firms.
May issue in PDF format
April 29, 2008
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In the Marketplace
April 29, 2008
Highlights of the latest equipment leasing news from around the country.
Future Avoidance Litigation: A Debtor's Obligation to Preserve Electronic Data
April 29, 2008
Part One of this article discussed the facts of the Nortel case in detail and analyzed some of the many novel substantive legal issues relating to the pre-petition equipment returns that constituted a large portion of the transfers at issue. This second installment discusses some of the complex issues that arose in connection with discovery of electronic documents in the Nortel case.
New UCC Legislation: The Creation of a Substantial Debtor Name Due Diligence Burden
April 29, 2008
Two states recently enacted non-uniform amendments to UCC Article 9 that should be of urgent concern to the equipment leasing and finance industry.
Market-Based MAC and Termination Fee Clauses on the Rise, But Subject to Pitfalls
April 29, 2008
Two types of contract clauses are commonly cited when a buyer or financing source desires not to make good on its commitment. These clauses are material adverse change clauses and termination fee clauses. Several recent cases show that good draftsmanship and a clear understanding of their intended effect are essential in heading off disputes when implementing these provisions.
April issue in PDF format
March 26, 2008
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In the Marketplace
March 26, 2008
Highlights of the latest equipment leasing news from around the country.

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    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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  • Foreseeability as a Bar to Proof of Patent Infringement
    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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