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Cross-Border Disputes and the Potential for Resolution via Mediation
The world is rapidly becoming a smaller place in which to do business. And as international borders and boundaries become less of a barrier to business, participants in equipment leasing and finance find their world getting smaller, as well. “Globalization” is now an accepted and well-understood concept in most industries and markets, and it is no longer limited to large multinational corporations or institutions. With suppliers, vendors, and customers in many countries on several continents, all linked through the omnipresent Web and Internet, even small, independent businesses may successfully operate across borders.
With the greater opportunities available in this shrinking business world come greater needs for cross-border and international financing. Companies based in the United States must find ways to acquire capital assets for their non-U.S. manufacturing facilities; they must finance the growth of international affiliates or subsidiaries; and, if their products are themselves long-term capital assets or equipment, they must have access to various forms of vendor or customer financing. As a result, there are increasing demands in leasing and corporate finance for cross-border transactions or deals involving non-U.S. jurisdictions.
In today's globalized economy, cross-border deals may include equipment leases, secured loans, lines of credit and related credit enhancements, including letters of credit, and international trade, inventory, or receivables financing. Deals may range from relatively simple trade or receivables discounting to highly structured, leveraged transactions. Given the notable imagination and creativity of leasing professionals, accountants, and attorneys, there are as many variations on cross-border equipment leasing and secured financing as there are international problems to be solved.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.