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Municipal Leasing: Favorite Son or Leasing's 'Red-Headed Stepchild'?
There is some dispute as to the origin of the term “red-headed step child,” but its usage since the early 20th century has been to denote a child who is unwanted, neglected and misunderstood by his or her parents. For many banks and other lessors, the limited competition, strong credits and tax benefits of “muni leasing” make it a favorite. In many respects, however, municipal leasing (which term we will use for equipment financing and leasing for state, county and city governments and agencies generally) is equipment finance's red-headed stepchild.
Municipal leasing is different. Credit risk is replaced by risk of “non-appropriation.” The documentation is a little (in some cases a lot) different. Operating in 50 states is more challenging. However, for the leasing company willing to put in the effort, there are significant opportunities for growth.
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.
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.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.