Articles

Discovery Duties in e-Stored Information

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

Zen & the Art of Leasing

Can you be Zen-like in sales? Of course! In analyzing the seven types of salespeople, Linda Kester discusses the value of going Zen when trying to capture new customers, and what it means to use the Law of Detachment in Zen leasing.... read more

How Guaranties can Help or Hurt Lessors

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

Hell or High Water Clause Comes Under Attack

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

Change

Everyone has habits and patterns that determine their actions and interactions. And when change disrupts those things, it can cause fear and is rarely, if ever, fun. While it isn’t always easy, change can lead to growth, progress and even confidence. Monitor columnist Linda Kester explains why.... read more

Funders, Take Note

Every individual has insurance, whether it’s a signed and paid for document for your house or car, or just a way to ensure your business partners are working with you toward a common goal. Monitor columnist Gerry Egan brings a simple yet profound principle to consider that may be just what your business needs.... read more

Certified Leasing Professional Designation

In the 24 years since a small group of leasing professionals started the Certified Lease Professional designation, it has become the only designation in the leasing and finance industry that recognizes those who strive to be the best in the business. This article chronicles the history and mission of the foundation, and explores the requirements, preparation and payoff for those who wish to become a CLP.... read more

Easing the Way Through the Broker-Lender Relationship

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

Even in Shaky Markets, Brokers See the Silver Lining in Their Businesses

Although the economy’s taken a turn for the worse, the brokers profiled for Monitor’s Annual Funding Source edition recognize the issues at hand, yet deal up a positive view. Instead of wringing their hands, all are concentrating on the core principles that keep them in business while focusing on other ways to continue to grow.... read more

Warehouse Credit Lines: How Does the Current Crunch Affect Basic Funding Options?

In these times of uncertainty with banks becoming tighter with money and terms, one has to wonder the effect this will have on the basic tenants of leasing, including warehouse lines of credit. OFC Capital’s Peter Eaton discusses the future of lessor funding.... read more

Sticking to Priorities at Priority Leasing

After ten years in business, Priority Leasing understands that being number one means its customers always come first. Named by Inc. magazine as one of the 500 fastest growing U.S. companies, one can’t argue with its apparent success. In this month’s Profile of Success, Bob Glendon tells it like it is…... read more

Funding Sources Combat Credit Woes By Performing Stricter Due Diligence, Solidifying Relationships With Brokers

With the “irrational exuberance” of 2007 now long gone, yesterday’s excess liquidity has given way to a desert landscape of collapsed deals and skittish investors. But in this year’s Monitor Funding Source Roundtable participants say that at least where equipment finance is concerned — there’s still plenty of liquidity to go around; the trick is where to look for it.... read more

Consider All Aspects — and State Revisions — When Drafting a Choice of Law Provision

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

Equipment Finance Industry Economic Outlook: Any Type of Recession May Be Short Lived

At this point, the question of whether we are in a recession yet is really just a matter of semantics. Not only has the economic news been negative month after month for some time, but new data from the leasing industry shows that payment delinquencies are now accelerating. There are some bright spots, however, as well as some reason to believe that the recession may be short lived.... read more

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Terry Mulreany
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terry.mulreany@monitordaily.com
Susie Angelucci
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