Ken Greene examines a growing bankruptcy trend toward the release of non-debtor third parties despite the absence of consent from creditors. Using the Purdue Pharma case as an example, Greene illustrates why this trend is headed for the Supreme Court.... read more
Nov/Dec 2023
Before you close your next deal, have you triple checked to ensure that the contract with the borrower is enforceable? Stephen T. Whelan examines Balboa Capital v. Okoji Home Visits and outlines five steps you can take to avoid a nudum pactum outcome.... read more
Sept/Oct 2023
As the equipment finance industry evolves, the law firms that serve the industry are called to make changes as well. Lewis J. Cohn explores how law firms can remain competitive while taking an innovative, proactive and consultative approach.... read more
Sept/Oct 2023
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