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Issues in Private Label Lease Transaction Workouts
Issues inherent to private label lease transactions present an additional layer of complexity to the already challenging area of equipment leasing. The fact that the identity of the real owner of a lease has not been disclosed to the lessee, and that the owner is usually relying on third parties to service and collect the lease, introduces an additional element of risk to the transaction that may surpass the credit risk present in any transaction. As is often the case, careful drafting of the underlying documents dramatically enhances the likelihood of the successful resolution of a defaulted lease. Thoughtful documentation of the transaction from the outset, and conscientious monitoring of both the lessee and the assignor or entity servicing the lease, if they are distinct, is critical to successful portfolio management. This article highlights some of the issues that cause complexity in the private label lease transaction and suggests drafting ideas and litigation strategies that will minimize the additional pitfalls that can arise out of the complexity.
General Definition
A private label lease transaction may be generally defined as a transaction where the lease has been assigned to and is owned by one other than the lessor named in the lease, and which is being serviced by and in the name of the lessor or a third-party servicer on behalf of the assignee, or by the assignee in the name of the original lessor. Until notified otherwise, the lessee is not aware of the lessor's assignment of either ownership of the transaction or its servicing rights.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.