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Auto-Renewals and the True Lease Question
Whether a transaction called a lease is indeed a lease ' i.e., a true lease ' or instead a lease that creates a security interest is an issue that arises frequently in case law. It often comes up in the context of bankruptcy proceedings, where the treatment of true leases and secured transactions differs in very significant ways. Outside of bankruptcy, if the rights of a lessor against a lessee in default are to be enforced, there is likewise a very material difference in the rights and obligations of both parties depending upon whether the Uniform Commercial Code (UCC) Article to be applied is Article 2A governing true leases or Article 9 governing secured transactions.
Pacific Space Design
A recent case illustrates yet another context in which the true lease/security interest distinction can arise, and demonstrates how not fully appreciating this distinction can lead to a questionable result. In Pacific Space Design Corp. v. PNC Equipment Finance, LLC, 2014 WL 6603288, 2014 U.S.Dist. LEXIS 162274 (S.D.Ohio Nov. 19, 2014), the plaintiff/lessee had entered into a lease with an automatic renewal provision expressed as follows:
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.