This special edition of Dispatches from the Trenches, co-authored by Ken Weinberg and Moorari Shah, winners of the ELFA’s Award for Legal Excellence, explores the similarities between equipment leases and financings, especially considering recent interest rate disclosure legislation.... read more

Monitor 100 2023

Are you up to speed with the disclosure laws taking effect in New York? Scott Chait provides an overview of everything you need to know to prepare for the Aug. 1 deadline. ... read more

May/June 2023

Bankruptcy filing statistics are important, but they only scratch the surface when it comes to assessing overall trends in the world of distressed businesses. Gregg Morin identifies some of the other metrics that matter and delves into what they’ve shown about 2022 so far.... read more

With California’s commercial financing disclosure laws becoming effective on Dec. 9, Andrew K. Alper of Frandzel Robins Bloom & Csato provides an updated and detailed guide to the new regulations. ... read more

Sept/Oct 2022

In this edition of Dispatches from the Trenches, Kenneth P. Weinberg discusses recent case law and accompanying commentary from the permanent editorial board of the Universal Commercial Code.... read more

Monitor 100 2022

Electronic documents are here to stay, so Kenneth P. Weinberg addresses some of the most pressing questions about electronically signed chattel paper, including how to best determine the original or authoritative copy and more. ... read more

Vol. 48 No. 3 2021

New York State introduced new regulations that will affect commercial finance providers. Stephen Whelan discusses the disclosure to borrowers that will begin in 2022 and a bill regarding licensing requirements that was introduced to the New York Senate while providing updates on two court decisions that may impact the industry.... read more

May 2021

The subleasing of equipment is a fairly common practice in the equipment finance industry, but that doesn’t mean there aren’t legal pitfalls to traverse.... read more

Nov/Dec 2020

New York Governor Andrew Cuomo’s Executive Order 202.8 banned foreclosures and secured lenders have felt the impact. Marc Hamroff and Danielle Marlow examine four recent cases and their implications for secured lenders seeking relief. ... read more

October 2020

Many equipment finance companies work with third-party sales organizations or originators. But what happens if one of those third parties is accused of fraud? Stephen Whelan examines two cases that may cause equipment finance professionals to question their business practices. ... read more

Sept/Oct 2020

2020 may see many changes to the political arena and possible changes in the Tax Code. This article will examine areas of the Tax Code that lessors should monitor for opportunities as well as with caution.... read more

Mar/Apr 2020

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Mar/Apr 2020

Ken Weinberg revisits his thoughts on the Uniform Commercial Code and finds new clarity for its provisions relating to equipment finance in light of a recent decision by the Appellate Court in In re I80 Equipment Leasing, LLC.... read more

Nov/Dec 2019

The Small Business Reorganization Act of 2019 (SBRA) — which was recently signed into law and is set to take effect on February 20, 2020 — stands among the most significant amendments to the United States Bankruptcy Code in more than a decade. Prepare to confront new procedures, new issues and an entirely new subchapter V to Chapter 11 of the Bankruptcy Code. The SBRA portends a shift in small business bankruptcy practice.... read more

October 2019

Almost everyone procrastinates a little, but it’s the last thing you want to do when filing a continuation of a UCC financing statement. Steve Whelan examines how a failure to file came back to haunt the LNV Corporation when one of its borrowers declared bankruptcy.... read more

March/April 2019