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

Recovering the Value of Preferential Transfers of Goods or Equipment: Seller Beware
March 26, 2008
Imagine you are an equipment manufacturer. You sell $45 million in goods to a reliable customer on credit, shipping them to a third-party warehouse to be held for the customer to pick up when needed. Months later, unable to pay and sliding toward bankruptcy, the customer returns the unused equipment. The next thing you know, the customer, having filed for bankruptcy, sues YOU to recover not only the $45 million value of the returned equipment, but also an additional $55 million in cash payments the customer had made.
Truck Leasing in a Down Economy: How to Prepare
March 26, 2008
The apparent downturn of the economy is currently most prevalent in the trucking sector, which saw a dramatic increase in repossessions and liquidations in the past year. This article discusses strategic options for lessors.
Business Incentives in the Economic Stimulus Act of 2008: A Welcome Boost for the Leasing Industry
March 26, 2008
This article explains the terms of the Economic Stimulus Act of 2008 that impact the leasing industry, explains how the terms in the act are likely to affect leasing companies, and explains how leasing companies can benefit from them.
In the Marketplace
February 29, 2008
Who's Going Where; Who's Doing What.
Shortfall Fees in Factoring Pact
February 29, 2008
In a recent decision, Judge Shira A. Scheindlin of the U.S. District Court for the Southern District of New York applied New Jersey law in ruling that a shortfall fee charged by a factoring company was enforceable, pursuant to an alternative fee structure under a certain factoring agreement.
Inaccurate Financing Statement
February 29, 2008
Sure, it happens. People make mistakes. But, when does a mistake made on a financing statement render it 'seriously misleading' under revised Uniform Commercial Code '9-506 and thus ineffective to perfect an asserted security interest? The Bankruptcy Court for the Southern District of Florida recently addressed this issue in the case of <i>In re John's Bean Farm of Homestead Inc.</i>
Lease Voided Due to Vendor' Default
February 29, 2008
On Oct. 31, 2007, a trial-level court in New York issued a decision finding that an equipment lease 'fail[ed] for lack of consideration' when the bankrupt vendor did not deliver the leased equipment, even though the lessee had signed a lease amendment ... a look at the ruling.
Who Benefits?
February 29, 2008
An anlysis of the recent case of <i>Rush v. U.S. Bancorp Equipment Finance, Inc.</i>, __ S.D. Rep. ___ (2007 SD 119, Nov. 14, 2007). There, the plaintiff put forth the novel contention that the creditor/defendant should have protected the debtor's financial condition by perfecting the creditor's interest.
Cleaning up After Debtor/Tenants
February 26, 2008
The Ninth Circuit has created a dubious distinction between tort-like damages and other non-rent damages that will undoubtedly spawn uncertainty and litigation. The authors explain why.
February issue in PDF format
January 31, 2008
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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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  • 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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