As markets continue to deteriorate in the months to come, it is going to be even more important to understand refinancings, renewals and consolidations of purchase-money security interests. This edition turns the spotlight on existing secured loans as they are refinanced.... read more

May/June 2008

Not sure about your discovery duties when using e-stored information? The Qualcomm case illustrates that applying these general discovery duties in practice may not be as easy as the familiar general “due diligence” requirement suggests. While the ink is drying on the Qualcomm decision, it may be a good time for companies and their counsel to reassess their own case management and discovery procedures in light of the lessons learned.... read more

May/June 2008

How does a guaranty affect a lease? How does the court rule in the case of a guaranty? In this edition, Barry Marks and Ken Weinberg tread through the different types of guaranties as well as the various rules, to show how they can be of benefit — or a detriment — to lessors.... read more

March/April 2008

Columnist Andrew Alper discusses the common missteps taken by both lessors and lessees when drafting a hell or high water provision in equipment lease agreements. He also provides recent examples of the courts’ uneven decisions regarding the matter.... read more

March/April 2008

In a time when the working relationship between brokers and funding sources has never been more important, attorneys from law firm Askounis & Borst — Thomas Askounis, Alex Darcy and Debra Devassy — discuss the common missteps and resolutions that can arise in these partnerships.... read more

March/April 2008

Drafting a choice of law provision is not as easy as it seems if you assume the Uniform Universal Code (UCC) is ‘universal’ in all states. But it isn’t. Therefore, one needs to be extra vigilant in writing these provisions to ensure the outcome isn’t different from what was intended.... read more

March/April 2008

The last installment discussed the possibility of a lessor of vehicles being unable to rely on a lien notation on the Certificate of Title for purposes of perfection. This article continues this theme by discussing other issues related to inventory financing.... read more

January/February 2008

The influential Second Circuit Court of Appeals has become the latest federal circuit court to add its voice to the interpretation of a key provision upon which creditors can seek a determination that a debt is non-dischargeable in bankruptcy.... read more

January/February 2008

Capping a drama that reads more like a Hollywood script than a case of white-collar crime, federal agents in California closed a months-long undercover operation in November, pulling the lid off what prosecutors say was a nationwide lease-fraud racket.... read more

January/February 2008

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November/December 2007

This installment discusses liquidated damages under true leases. Ken Weinberg provides three cases: In re Baldwin Rental Centers, Inc., Carter v. Tokai Financial Services, and In re Montgomery Ward Holding Corp. as examples of the complexity of liquidated damages clauses.... read more

November/December 2007

Monitor columnist Andrew Alper discusses §105 of the Bankruptcy Code and how the courts determine if it is possible to use a stay to prohibit litigation of a nondebtor’s claims. Whether the court decides to extend a bankruptcy case depends on the facts. Alper provides examples to explain why this is a common occurrence.... read more

November/December 2007

The United States Supreme Court yet again reversed a decision of the Ninth Circuit Court of Appeals and resolved a conflict among the circuit courts regarding the allowance of attorneys’ fees in bankruptcy litigation. Columnist Lesley Hawes discusses the court’s process in the case of Travelers Casualty & Surety Co. v. Pacific Gas & Electric Co., and how this decision will affect future litigation.... read more

October 2007

Lessors of over-the-road trucks may find themselves becoming inventory lessors. This installment warns lessors to keep a close eye on certificates of title when another party is subleasing leased trucks. To sublease, Weinberg says, requires more due diligence than simply noting your interest on a certificate of title.... read more

October 2007

In August, a federal grand jury filed numerous charges including money laundering, bankruptcy fraud and obstruction of justice against Alan B. Fabian, the founder of Strategic Partners International and a former co-chair to Republican presidential hopeful Mitt Romney’s election committee, in the latest fraud scandal to hit the news.... read more

October 2007