Certified Leasing Professionals

Adversity is the springboard to achievement. Although the state of the economy and our industry may be sounding Mayday, the call to action at the Certified Leasing Professional Foundation is to sail before the mast. Now is the time to prepare for the opportunities that will surface after the storm. ... read more

First American Equipment Finance

First American Equipment Finance founder and CEO Bill Verhelle gave up a promising career in law to follow a passion for entrepreneurship. Nearly 15 years later, his company, First American Equipment Finance, is successfully riding out the recession and continuing to realize double-digit growth while taking the time to give back to the community. At the same time, Verhelle and his company seek to “do right” for their customers and work toward the greater good.... read more

Industry Sector Overview 2009

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An Update on Payment Intangibles & Case Law Regarding a Lessor’s Rights as an Additional Insured

This edition of Dispatches from the Trenches covers two areas: 1.) to provide an update regarding the holding of In re Commercial Money Center regarding payment intangibles, and 2.) analyze a recent case that may make you question your reliance on certain certificates of insurance. ... read more

Where Bankruptcy & Suretyship Law Collide

In a complex case, the Ninth Circuit Court of Appeals has addressed a series of critical issues involving the operation and effect of a prepetition release by a surety and a “revival” provision in a settlement as well as the ability of an unsecured creditor to include in its unsecured claim attorneys’ fees and costs. The decision provides some important guidance for creditors in the drafting and enforcement of revival provisions in a settlement.... read more

Today’s Vendor Market for Brokers

Many leasing sales professionals are focusing on the negative events of this difficult time. The sales reps who use this time to build and deepen vendor relationships will be the ones who have the biggest book of business when the economy turns around.... read more

The Agricultural Equipment Industry

While agricultural equipment has had a smaller storm to weather than construction equipment, it’s clear that manufacturers face challenges. Members report that credit has been a serious obstacle, and smaller equipment suffers from consumer caution. Larger tractors and combines have benefited from both a strong interest in ethanol, and inescapable population growth. As the recession eases and economies improve, agricultural equipment manufacturing should follow suit.... read more

Capital Equipment Markets; IT Leasing & Finance

As organizations worldwide fine-tune their 2010 business plans, one of the most important questions is the size and scope of their investment budget, which are critical for every organization because investments are about creating and affecting change. Whether it is improving a business’s competitive position, its operational efficiency, or the scope of goods and services it can bring to market, business investments shape an organization’s future.... read more

In the Face of a Downturn, Construction Equipment Industry Groups Launch Recovery Campaign

The sharp drop in construction activities and production of construction materials such as asphalt and cement have led to an unprecedented decline in equipment purchases. Just how bad is it for the construction equipment industry? A recent study, conducted by IHS Global Insights for two associations, paints a bleak picture. Now, the AED and AEM have combined forces to launch an aggressive campaign to tell the industry’s story on Capitol Hill.... read more

ATA’s Economist Sees Trucking Rebound as ‘Slow Going’

Publisher Jerry Parrotto recently spent some time with Bob Costello, chief economist of the American Transportation Associations. In an exclusive interview, Costello provided some valuable insights into the state of the trucking industry and explained why it probably won’t rebound as quickly as we would all like. We asked Jerry to sum up what he learned.... read more

A Transportation Equipment Dynasty

Texans have a reputation for telling it like it is. So, when we wanted to get the skinny on how the domestic truck market is faring as the recession begins to wind down, we went to Rusty Rush, president and chief executive officer of Houston-based Rush Enterprises. Rush pulls no punches when describing the trauma the trucking industry, and his own company, have endured over the past two years.... read more

Fair and Clear: Liquidating Damages and Indemnity Provisions

This edition of Dispatches From the Trenches discusses two recent cases from the perspective of liquidated damages and indemnity provisions: National City Healthcare Finance v. Refine 360, LLC and Midwest Concrete Placement, Inc. v. L&S Basements, Inc. The two cases illustrate the necessity of being both fair in terms of liquidated damages provisions and clear with regard to indemnification provisions... read more

Issues With Proving Up Damages From Computer Records

In the following article, Andrew Alper looks back to 2005, the case In re Vinhnee and the issues with the provision of foundational evidence required by the court with regard to the introduction of computer records. As he shares from his own experience, when relying on the Vinhnee case, the court can get hung up on the matter of a witness’ ability to “import an aura of verisimilitude.” And that can be confounding.... read more

The Sweet Smell of Success in Equipment Leasing

Ah, the sweet smell of success… It’s a sensation everyone is striving to experience more of these days. Linda Kester returns to remind us that in selling equipment leasing, success often requires a lot of hard work and sometimes, a bit of inspiration. ... read more

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Terry Mulreany
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