Author Bio

Jennifer L. Howard

Of Counsel of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.

Jennifer L. Howard is of counsel at Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., and practices in the areas of equipment leasing, equipment finance and renewable energy project finance.

Posts by Jennifer L. Howard

Data-Collecting Equipment and Privacy — Be Aware of the Risks

In recent years, there has been an explosion of laws addressing privacy and data security, creating a complex patchwork of federal and state laws and regulations. Additionally, state common law claims, such as negligence and invasion of privacy, have been... read more

Use Careful Consideration When Drafting Collateral Descriptions

The last edition of Dispatches from the Trenches discussed the importance of collateral descriptions in security agreements and financing statements as well as the use of collateral types versus more specific descriptions. This edition focuses further on helpful techniques and... read more

Don’t Get Blinded by a Lessor’s Fraud

Periodically in the equipment leasing industry, cases crop up involving schemes in which equipment is marketed as being essentially “free,” because the lessee will supposedly receive payments for advertising on the equipment, in an amount roughly the same as the... read more

Drafting Collateral Descriptions That Pass the Sniff Test

What’s in a name? In Shakespeare’s Romeo and Juliet, the heroine argued, “That which we call a rose / By any other name would smell as sweet,” suggesting that labels are meaningless. When analyzing collateral descriptions in security agreements and... read more

Usury Savings Clauses May Not Save Your Loan Documents

Lessors and lenders engaged in equipment leasing and finance should remember that a usury savings clause is not a “get out of jail free card.” Historically, equipment lessors have been less concerned with usury issues than their straight-loan brethren. The... read more

Identifying Indemnity Issues

Indemnity provisions offer a powerful way to contractually allocate risks related to equipment leasing and financing transactions. Such provisions are particularly near-and-dear to lessors of equipment, as the role of “owner of the equipment” has both positive and negative aspects.... read more

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