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Improved operational efficiencies and the potential for lower-cost market penetration and expansion are just a few of the more common business justifications for adoption of an e-commerce process. These same justifications, as well as others, are sure to resonate with the equipment leasing industry. An initial consideration in adopting any e-commerce process is an analysis of relevant e-signature and e-record laws and the risks inherit in electronic transactions.

Highlights of the latest equipment leasing news from around the country.

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Highlights of the latest commercial leasing cases from around the country.

In the era following Enron, Worldcom, Tyco, IMClone and Martha Stewart, when fraudulent actions, or even alleged fraudulent actions, can cause significant stock market losses, those operating "on the edge," if found guilty of "going over the edge," may face a sentence that could include incarceration as well as economic punishment. Since the corporate scandal trials almost always involve financial re-engineering, it is no surprise that these trials and the concomitant publicity would have an impact on sale-leaseback transactions ("SLTs") and those planning such transactions. It thus should be expected that in the post-Enron era, all financial and accounting transactions will be examined with a heightened degree of scrutiny, particularly those with an aroma of fancy accounting. Corporate executives and outside advisers now know that it is much harder to obtain a free pass for bad accounting. With the stakes for advising aggressively on SLTs having been significantly raised, it follows that SLTs are now becoming increasingly more difficult and complicated to complete.

How a tenant is permitted to apply its tenant improvement allowance for its build-out is frequently a controversial topic during lease negotiations.

For the past 4 years, the subject of accessibility to movie theaters, primarily wheelchair access and captioning for the deaf and hard of hearing, has been the basis of much litigation in the federal courts. For wheelchair-bound patrons, the increasing number of theaters employing stadium-style seating spurred them to the courthouse while for the hearing impaired, it was the development of new technologies that gave impetus to their efforts. Although the plaintiffs have not always been successful, these lawsuits, as well as new Accessibility Guidelines for Buildings and Facilities issued under the Americans with Disabilities Act ("ADA"), are forcing theater owners to make changes to existing theaters and plan new theaters in different ways. (<i>See</i> related article, Proposed Revisions to the ADA's Physical Accessibility Guidelines Released, Sept. 2004 <i>CLLS</i>.)

Franchise statutes and regulations apply to the Internet. Court decisions clearly state that suppliers who use the Internet to sell goods and services ' with independent distributors, dealers, or sales agents helping ' may be franchisors under federal or state law.

Recent cases you need to know.

Traditional franchising is an established business technique that brings together the owner of a branded product with another. A franchisor provides a trademark or trade name and a business arrangement; a franchisee pays a royalty and often an initial fee for the right to do business under the franchisor's name and system. The contract binding the two parties is the franchise. <br>After the downturn in the Internet advertising market, Internet merchants developed the pay-for-performance e-commerce sector. Internet merchants paid a commission to affiliates who directed people to their Web sites. More sophisticated affiliate programs were set up as revenue sharing arrangements. The terms and conditions for these programs began to mimic franchise agreements.