A Perfected Lien Is Trumped: Must It Be 'Use It or Lose It'?
April 01, 2016
As creditors well know, a lien holder must be vigilant in both perfecting and maintaining the perfection and priority of its lien. But even a creditor that properly maintains its lien may find that enforcement of (or more specifically, failing to enforce) that lien can affect priority.
Assignment of Lease
April 01, 2016
When entering into a lease, one exit strategy contemplated by many a tenant is to assign the lease to a third party prior to the expiration of the term of the lease. This article addresses those issues a tenant should attempt to address in the assignment document in order to limit the tenant's potential liability under the lease.
When a Law Firm Partner Divorces
April 01, 2016
Going through a divorce can be tumultuous for everyone involved. When one of the parties is a partner in a law firm, those challenges are sometimes elevated for both the partner and the law firm.
Drone Financing Opportunities Emerge As FAA Creates New Drone Regulations
February 29, 2016
Is financing or leasing drones a flight of fancy or a real business opportunity for lenders and lessors? In this article, we show that, properly structured, opportunities for financing and leasing commercial drones exist today, but will grow rapidly in the foreseeable future for lenders and lessors ("financiers") as the drone industry produces ever more sophisticated equipment and services.
Real Property Law
February 29, 2016
Several major rulings are analyzed and discussed in depth.
<i>Levandusky</i> After 25 Years
February 29, 2016
The authors review 13 recent cases, dating from 2011 through 2015, that invoked the business judgment rule. The cases discussed show that the all-important <I>Levandusky</I> ruling is still widely applied to give deference to a broad range of board actions.
ELFA Schedule
February 29, 2016
The Equipment Leasing and Finance Association has released its 2016 calendar of events.
Marijuana and Bankruptcy? Not Really
February 29, 2016
Like many others, parties engaged in or deriving income from the legal commercialization of medical marijuana, either directly or through another party are not immune to financial distress, and sometimes, seeking bankruptcy relief may be strategic or necessary. Unfortunately, Marijuana-Related Parties have found elusive the protections and benefits under the Bankruptcy Code.
<b><i>In the Spotlight:</i></b> How to Protect Against a Lawsuit By the Beneficiary of an Exclusive
February 29, 2016
One of the most surprising things about the case that Winn-Dixie brought against three national dollar store retailers for alleged violations of Winn-Dixie's exclusive use provisions in more than 100 shopping centers is that Winn-Dixie elected to pursue remedies against the dollar stores rather than the landlords that granted Winn-Dixie an exclusive-use provision with respect to the sale of certain grocery items.
