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Cross-Border Leasing
Court-appointed receivers typically assume control over all of a debtor's property, including the debtor's leased equipment. The receivership order will also typically grant the receiver a priority charge over the debtor's assets in order to secure the receivers' fees and other costs. This is sometimes a point of contention with equipment financiers who would rather have their equipment excluded from the receivership.
In the recent case of Integris Credit Union v. Mercedes-Benz Financial Services Canada Corporation (Integris), 2016 BCCA 231, the British Columbia Court of Appeal rendered a decision that supports the ability of certain equipment financiers to avoid being subjected to the costs of certain receiverships. This article briefly summarizes the decision and its implications for equipment financiers.
Background
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?