Asset Management 2007
January/February
Fraud, An Ever Present Danger
Prevention, Detection & the Tools to Manage It
By Jerry Oldham
This article addresses corporate fraud and malfeasance as a given in today’s business finance environment. Not that it is prevalent in every corporate financing transaction, or even in a majority or them — but when it is present in a company being financed or its management team, it is both costly and disruptive to the victim. The costs can be measured as real costs, opportunity costs and even brand dislocation or wasting.
Beyond the Technological
Leveraging the ‘Human Touch’ to Mitigate Risk
By Robert Doyle
The technology revolution and its proliferation of cell phones, e-mail and online platforms have delivered great benefits to the business community, making cross-country or even international deals much easier to source, negotiate and close. But the convenience and portability of modern-day communication cannot replace the value of knowing the people with whom you are doing business.
Specialization, Internal Partnership Keep Chase Equipment Leasing on Path to Success
By Amanda Gutshall
No one thought, least of all Martin Cox more than 30 years ago, that he would be “bridging the divide” so to speak, between banking and equipment leasing — and successfully — at JPMorgan Chase. But bridge it he has, with an important focus on company-wide clients, internal communication and partnering, establishing a strong workforce and playing to each division’s strengths.
Examining Country-Risk Analysis Beyond ‘Sovereign’ Risk
By Joseph Boland and Rafael Castillo-Triana
Emerging economies provide great opportunities for U.S. equipment lessors and finance companies seeking to fund the growing appetites of organizations looking to acquire critical equipment. These lessors must proceed cautiously, however, and carefully address a number of risks inherent to expanding markets.
In a Dynamic Environment, Equipment Managers Remember to Roll With the Changes
By Christopher Moraff
Last year, the equipment managers we spoke to classified 2005 as a year of increasing competition, with more and more money chasing fewer and fewer deals. Most of our respondents said they expected that trend to continue into 2006; and by all indications it has done just that.
The New Science of Sales Force Productivity
By Dianne Ledingham, Mark Kovac, and Heidi Locke Simon
The data, tools, and analytics that companies are increasingly using to improve their sales forces will not only help top performers shine, but they will also help drive sales force laggards to the middle of the curve.
Interim Rent
A Practical Look at a Sometimes Overlooked Charge
By Mark M. Scott
Many lease agreements contain an “interim rent” provision enabling the lessor to charge for the use of the lease property for the time period between the actual acceptance date and the date on which the base term of the lease commences. Although interim rent is well established, it’s not specifically addressed in the UCC. Therefore, it’s valuable to have an understanding of how it’s used and how the courts enforce it.
Multiple Choices
Managing Risk Through Various Insurance Options
By Thomas A. Orofino
There is no getting around it...being in business involves taking risks. New forms of risk are emerging every day with the ever increasing and more complex methods used to finance growth. The penalties for getting it wrong can be severe. The solutions lie in how the industry improves its ability to quantify and manage risk, and how it identifies the tools available to mitigate these risks.
The Dawn of a New Year
Are You Really Ready to Make a Move...Really?
By Michael A. Toglia
A new year has dawned, and through the course of resolutions and goal listing, it’s time to ask yourself: Are you ready to move on to another company? If you’re one of the many wondering about the market and your chances of finding that “diamond in the rough” position, you might want to think about the real reasons you’re glancing toward other prospects.
Get Ready to Rumble
The Fight Between Good Faith Assignees & Trusting Lessees Rages On
By Andrew K. Alper
Bad facts sometimes make for bad law. In recent litigation against assignees of leases, this has clearly been the case. This article discusses the recent California case of Wells Fargo Bank Minnesota, N.A. v. B.C.B.U. to illustrate how confusion can occur with parties from two different states following two different articles in the Commercial Code, and how courts deal with the conflicting Article 9 and Article 2A.
Alleged Fraudulent Inducement
Lessees’ Tactics to Avoid the ‘Hell or High Water’ Clause
By Kenneth P. Weinberg
This edition of Dispatches discusses the “hell or high water” clause. Any lessor that has ever had to defend a claim of defective equipment should be aware of the various tricks counsel uses to avoid the infamous clause. This article uses Georgia’s Colonial Pacific case to provide a detailed analysis of such an attack.
