Author Bio

Kenneth P. Weinberg

Partner of Rimon, P.C.

Kenneth P. Weinberg is a Partner of Rimon, P.C. and practices in the area of commercial finance, focusing on equipment leasing, equipment finance and renewable energy project finance. He has penned Dispatches from the Trenches since 2002.

Posts by Kenneth P. Weinberg

Is it a Duck or Platypus? Examining Lease vs. Loan Analysis Under the UCC

If something looks like, walks like and quacks like a duck, then it just may be a duck. Although this type of abductive reasoning can be useful in a wide range of circumstances, it can lead to poor conclusions when... read more

The Effect of Electronic Signatures on Chattel Paper: Zooming in on the Key Questions

Electronic signatures have become increasingly common in equipment leasing and finance transactions, and the COVID-19 pandemic has only accelerated this trend. Many questions surrounding the enforceability of these transactions against lessees and borrowers are similar to those raised in other... read more

When Your Customer Subleases: Strategies for Addressing Legal Risk

It happens all the time. You finance a customer’s acquisition of equipment and the customer subleases the equipment. While there is nothing inherently wrong with such arrangements, several potential issues arise which, if not carefully addressed, could expose a finance... read more

Dispatches From the Trenches

Late last year, Dispatches from the Trenches focused on the increasingly common approach in our industry of describing collateral in financing statements as “all equipment leased or financed” or words of similar effect.1 Two additional holdings have further clarified the... read more

Tipping the Scales: Dispatches from the Trenches: Usury and Choice of Law Considerations

In certain segments of our industry, the interest rate charged for the advance of loan proceeds may exceed the rates allowed under the usury laws of the state where the borrower or lessee may be located. It is important to... read more