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What's New in Leasing Law
Ability to Collect Rentals
Republic Bank v. AMTEC Precision Products, 2007 WL 2220521 (U.S. Dist Ct. D. Utah July 27, 2007): Although not a decision predicated upon principles of leasing law or waiver of defenses, this case illustrates the absolute obligation of a debtor/ lessee under a progress payment agreement intended to lead to a leasing arrangement.
The debtor/lessee had signed both a master progress payment agreement and a master lease agreement pursuant to terms under which the former obligations would be transformed into the latter only upon the execution and delivery of a 'final' acceptance and delivery certificate. After a number of progress payments had been made to vendors, with respect to which the debtor/lessee executed 'partial' acceptance and delivery certificates, the original lessor/ lender (apparently servicing the transaction on behalf of its assignee) demanded repayment in full due to an alleged default under the documents related to the debtor/ lessee's deteriorating financial condition. The debtor/lessee attempted to argue that the last executed partial acceptance and delivery certificate should have been treated as a final certificate and therefore that its future obligations should consist only of ordinary periodic payment obligations under the lease. This court holds, however, that the documentation does not support such a conclusion and that progress payment obligations and related charges could be accelerated.
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.