In the Marketplace
October 28, 2008
Highlights of the latest equipment leasing news from around the country.
IRS SILO Settlement Initiative
October 28, 2008
On Aug. 6, 2008, the IRS announced settlement initiatives for more than 45 large corporate taxpayers that engaged in Lease-In/Lease-Out ("LILO") or Sale-In/Lease-Out ("SILO") transactions, which were designated as listed transactions in 2000 and 2005 respectively.
e-Mail Exchanges As Binding Contracts
October 28, 2008
As a number of recent decisions in New York and elsewhere make absolutely clear, for good or for ill, parties now can conclude a contract, or amend an existing contract, via e-mail.
Legislative Update
October 27, 2008
This article provides relevant highlights of legislative and regulatory reactions to the tumultuous financial events affecting equipment leasing.
Taming the Tenant's Form of Lease: Common Landlord 'Fixes'
September 29, 2008
Part One of this article discussed some of the major landlord "fixes" often required when working from a tenant's form of lease, <i>i.e.</i>, remeasurement, rent, taxes, tenant self-help, default, mitigation, assignment, subordination, and estoppels. This conclusion continues the discussion with additional "fixes."
Havana Central: Tort Liability and Holdover Tenants
September 29, 2008
A recent split decision by a New York appellate court upholding an incoming tenant's claim against a prior tenant for failing to vacate premises at the expiration of its lease has generated substantial comment and bewilderment in the real estate bar.
Agreements for Future Relief from Automatic Stay
September 29, 2008
The question, "Can we get them to agree not to file bankruptcy in the future?" must be near the top of the list of things clients most commonly ask their transactions and workout lawyers.
And on the 46th Day, Who Wins?
September 29, 2008
This article provides a review of the basic principles of federal tax liens and secured transactions under Article 9 of the UCC ("Article 9") and discusses certain issues that arise with respect to the priority of federal tax liens against certain interest holders under the "45-day rule" of the Internal Revenue Code of 1986, as amended (the "Code").
