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Equipment Lessors and Bankruptcy
Much has been written about the risk that a transaction denominated and documented as an equipment “lease” may be recharacterized a security interest. Indeed, it is old hat that UCC 1-203 is the basis of the analytical framework for determining whether an ostensible lease is actually a disguised security device. And, it is well understood that if the agreement at issue places the benefits and burdens of asset ownership on the so-called lessee, then a reviewing court will treat the transaction as a security interest and will treat the parties as secured lender and debtor, rather than as lessor and lessee. The result of such recharacterization can cause a lot of pain to the would-be lessor, unless that party made a prophylactic filing to comply with Article 9's perfection rules.
Equipment lessors seem, at least in our experience, to understand all of this. Consequently, they tend to make the requisite filing and when an oversight occurs, they tend to understand the consequences of that oversight. Interestingly, equipment lessors commonly seem to not understand all of the rights and remedies they have in the absence of recharacterization.
So, what's a true equipment lessor to do in the face of the Chapter 11 of its lessee?
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.