More Bad News for Structured Finance?
August 25, 2008
While politicians scramble to preserve <i>Fannie Mae</i> and <i>Freddie Mac</i>, more trouble for financial markets looms on the horizon. Proposed changes to accounting rules for securitization vehicles could decrease the significant role of structured finance in providing the liquidity that sustained recent economic expansion.
The Federal Arbitration Act
July 31, 2008
The U.S. Supreme Court's recent decision in <i>Hall Street Associates, L. L. C. v. Mattel, Inc.</i> had long been anticipated by the litigation and arbitration communities and has been the subject of extensive commentary and debate in the brief period since it was rendered. This article explains why.
Court Watch
July 30, 2008
Recent rulings of interest to you and your practice.
The 'Sophisticated Insured' Defense
July 30, 2008
A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
Marketplace
July 30, 2008
Highlights of the latest equipment leasing news from around the country.
Credit Applications
July 30, 2008
Although credit applications assist lessors in making these credit decisions, the lessor should make sure that it avoids the pitfalls of the Equal Credit Opportunity Act ('ECOA') and that the financial information it obtains through the credit application is stored appropriately to avoid liability under various state laws regulating the storage of private financial information. This article discusses the components of a good credit application, the requirements of the ECOA, and the best practices for storing private financial information.
Leasing of Solar Energy Equipment
July 30, 2008
For traditional institutional equity investors in leveraged and single-investor equipment lease transactions, solar equipment may offer an attractive investment opportunity. Leasing solar equipment may also provide an attractive investment structure for traditional investors in power projects looking to expand investments in renewable energy projects.
The Leasing Hotline
July 30, 2008
Highlights of the latest commercial leasing cases from around the country.
Expand Your Confidentiality Clause
July 30, 2008
Confidentiality clauses are a common component of real estate management agreements, agency agreements, leases and many other agreements relating to commercial property. Nevertheless, they can leave parties with the uneasy feeling that comes from dealing with the unknown.
<b><i>In The Spotlight: </b></i>Strategies in Tenant Office Lease Renewal Negotiations
July 30, 2008
As tenants reconsider and update office space needs, it is imperative that they proactively develop a strong renewal/relocation negotiation strategy to maximize their future rights and benefits. Unfortunately, many tenants wait too long to focus on space needs and assume their lease will be renewed on reasonable terms. If a tenant waits until its notice period is upon it before it assesses its needs and develops a strategy or looks at the renewal rights in its current lease, it may become a 'captive tenant' forced to negotiate from a weakened position in the market.
