Using a True Lease or a TRAC Lease
June 02, 2017
<b><I>Potential Complications in Bankruptcy</I></b><p>An equipment financing company will often decide whether it wants a transaction to be a true lease or a TRAC lease as opposed to a retail sale. A good reason to be able to make the distinction is to determine what might be the best structure for an equipment financier. This article explores the differences.
Stick to the 'Plain Meaning'
June 02, 2017
<b><I>Interpreting Lease Contract Terms</I></b><p>The complications that can and do arise in the field of commercial leasing come in all shapes and sizes, and not all can be anticipated. However, with careful planning, and if the stars align, lease terms sometimes cover even an abnormal future event, preserving the agreement that the parties undoubtedly contemplated at signing
Do <b><I>Daubert</I></b> Motions Really Work?
June 02, 2017
<b><I>Part One of a Three-Part Article</I></b><p>More than 20 years into the Daubert era, a surprising number of litigators still have doubts and disagreements about the effectiveness of motions <I>in limine</I> challenging the admissibility of federal court opinion testimony under Federal Rules of Evidence (FRE) 702. Among the concerns commonly expressed by the trial bar is the perception that so-called <I>Daubert</I> motions are a long shot at best, often not worth the time and effort.
Railcar Leasing on the Rise
June 02, 2017
According to a recent analyst report from global market research company, Technavio, the railcar leasing market in North America, is predicted to grow steadily at a Compound Annual Growth Rate of above 9% by 2021. The report, titled Railcar Leasing Market In North America 2017-2021, finds that one of the primary drivers for this market is the rise in the demand for tank cars due to growing crude oil production.
Five Secrets to Drafting an Effective Default Lease
June 02, 2017
<b><I>Part One of a Two-Part Article</I></b><p>This article contains some of the lesser-known, creative clauses used to ensure either payment of rent and compliance, or a swift eviction of the commercial tenant. They are what the authors call "tools of the effective default clause."
Beware: Inspecting Goods May Waive Implied Warranty Protections
May 02, 2017
When purchasing goods though an invoice, contract or otherwise, it is important to understand that a mere inspection of goods prior to purchase could waive implied warranty protections. A seller may effectively modify, or entirely exclude, implied warranties under the Uniform Commercial Code (UCC) by requiring a buyer to inspect, test or examine goods prior to purchase.
When Actions Speak Louder Than Words
May 02, 2017
<b><I>Written Agreements Are Not the Final Word</I></b><p>Recently, an Ohio appellate court held that the parties' actual conduct — and not the express written provisions in their lease to the contrary — controlled in interpreting the intentions of the parties in contracting. This case serves as a good reminder for legal practitioners that our written agreements are often not the final word.
Structured Dismissals in Deviation of the Bankruptcy Code Priority Scheme
May 02, 2017
In a recent decision, the U.S. Supreme Court held that, without the consent of impaired creditors, a bankruptcy court cannot approve a "structured dismissal" that provides for distributions deviating from the ordinary priority scheme of the Bankruptcy Code. The ruling carries with it implications that may affect both pending and future bankruptcy proceedings.
