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Navigating Your Lease Through a Sea of Liens
Equipment lenders and lessors face specialized issues when the asset is a vessel. How is the lender secured in its collateral? Can a lessor be secured in a vessel titled in lessor's name? How does a lessor perfect its security interest in the vessel? Where does the lessor stand in relation to competing creditors? This article addresses these questions within the U.S. legal system and describes proposed legislation to expand opportunities for lease financing of vessels.
Creditors who rely on vessels to secure debt must be concerned with the legal environment in which the vessels operate. For centuries, if not millennia, a vessel has been regarded as a separate legal entity apart from its owner. The vessel can incur debts and obligations independent of its owner. In the United States, when a supplier provides fuel (known as 'bunkers') to a vessel, the vessel itself is liable for payment. By operation of U.S. admiralty law, the supplier has a maritime lien against the vessel to secure payment. The same is true for repair yards, stevedores, the master and crew, and other providers of goods and services directly to the vessel. If the vessel causes harm, the injured party may have a maritime tort lien against the vessel to secure its claim. A maritime lien claimant may bring an action against the vessel without suing or even bringing a claim against the owner. Modern federal law has long incorporated, and often refined, these historic maritime lien concepts. Today they are reflected in the provisions of 46 U.S.C. Chapter 313 and an extensive body of U.S. case law.
The 'Preferred Maritime Lien' and Preferred Mortgage
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.