Legal

The Effect of Electronic Signatures on Chattel Paper: Zooming in on the Key Questions

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

New York: The Empire State … of Regulations

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

When Your Customer Subleases: Strategies for Addressing Legal Risk

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

Remedies Available (or Unavailable) to Secured Lenders in the COVID-19 Environment

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

DOUBLE TROUBLE: New York and California Threaten Many Business Practices

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

2020 and Beyond – Keep an Eye on the Tax Code!

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

Dispatches From the Trenches

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

A New Subchapter for Chapter 11 Bankruptcy: The Small Business Reorganization Act of 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