Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Taking Assignments of Equipment Leases: An Analysis of an Acceptable Documentation Package
Like many financial products, equipment leases can be bought and sold. The lease assignment market has become increasingly active and complex in recent years, despite the economic downturn of the early 21st century. This article highlights the type of documentation that should generally be required when a broker or other originator of leases (the “Originator”) assigns leases to a funding bank (the “Funder”).
Of course, equipment leases are assigned in a variety of ways including outright assignments and collateral assignments (“discounting” transactions). The underlying leases being assigned are sometimes true leases and other times disguised loans (“leases intended as security”). Although these factors can sometimes affect the documentation that is required, this article outlines what is generally required in both outright assignments and discounting transactions of both true leases and leases intended as security. The article does not address “pure broker” situations pursuant to which the Funder would execute the lease directly, as lessor, as opposed to taking some sort of an assignment from the Originator.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.