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.
Expanding the Scope of Good Guy Guarantees in NY
May 02, 2017
Good Guy Guarantees are intended to protect landlords against defaulting and insolvent commercial tenants. However,iIn <I>Bri Jen Realty Corp. v. Altman</I>, New York's Second Appellate Department construed a Good Guy Guarantee to hold a guarantor liable for rent for 11 months after the tenant surrendered the premises.
Industry Growth Forecast for 2017
May 02, 2017
<b><I>Slight Downgrade</I></b>The Equipment Leasing & Finance Foundation has released its Q2 update to the 2017 Equipment Leasing & Finance U.S. Economic Outlook, which lowered slightly its yearly equipment and software investment forecast to 2.8%, down from 3% growth forecast in its 2017 Annual Outlook released in December 2016.
