array(1) { [0]=> array(4) { ["photo"]=> int(90798) ["name"]=> string(15) "Andrew K. Alper" ["title"]=> string(28) "Vice President & Shareholder" ["company"]=> string(30) "Frandzel Robins Bloom & Csato" } } article

Since September 2018, when Assembly Bill 375, otherwise known as the California Consumer Privacy Act of 2018, was enacted in California, commercial finance has contended with consumer-like disclosures required for certain commercial transactions required with respect to lending transactions in... read more

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Pre-dispute jury trial waivers and forum selection clauses are commonly included in lease agreements. Andrew K. Alper examines the developments and cross-state implications pertaining to these items in Handoush v. Lease Finance Group. Pursuant to the case of Grafton-Partners v.... read more

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Most loan documents contain a default interest provision, which states that the interest rate of the loan will increase in the event of a default. Default interest is enforceable, at least in the absence of an unconscionable rate. (1) California Civil... read more

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The California Financing Law contained in Division 9 of the California Financial Code, commencing with §22000, requires licensing and regulation of finance lenders and brokers making and brokering consumer and commercial loans, except as specified. It prohibits misrepresentations, fraudulent and... read more

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Usury is the exacting, taking or receiving of a greater rate than allowed by law for the use or loan of money or a forbearance. A transaction is usurious if a loan is made at greater than the legal rate... read more

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A choice of law clause in a commercial contract chosen by the parties is generally enforced. In Nedlloyd Lines B.V. v. Superior Court,1 the California Supreme Court concluded that choice of law provisions in a parties contract were enforceable. This... read more

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With very limited exceptions, the automatic stay in bankruptcy pursuant to 11 U.S.C. §362 protects only the debtor, the debtor’s estate and property of the debtor. It does not prohibit the debtor’s creditors from taking action against non-debtors like partners... read more

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Lenders who make loans to California residents must be keenly aware of California laws, especially when loans are referred or brokered by unlicensed persons. Under California law, “finance lenders” making loans in California must obtain a license from the California... read more

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A frequent topic of articles and seminars is whether transactions called lease agreements are, in fact, not leases, but instead disguised loans, leases intended as security or dirty leases. However, another important aspect of this discussion remains: What happens to... read more

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One of the more controversial topics in leasing is the enforcement of an automatic renewal, or evergreen, clause in a document entitled “Lease Agreement.” The typical automatic renewal clause will state something like the following: “If no default exists under... read more

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Fraud is prevalent in the financial services industry and no matter what checks and balances are put into place to prevent it, there always seems to be a latest and greatest creative fraud. Recently, Equipment Acquisition Resources (EAR) was involved... read more