Best Practices in Data Security for Financial Institutions
January 01, 2017
The Federal Financial Institutions Examination Council (FFIEC) recently revised its Information Security Booklet. The changes bring the financial services industry closer to the goal of having a clearly defined set of cybersecurity and data protection protocols to ensure regulatory compliance.
Are You Your Tenant's Keeper?<br><font size="-1"><b><i>Maintaining BFP Status in the Face of PACA Liens</b></i></font>
January 01, 2017
In September 2016, a national title company invoked the Perishable Agricultural Commodities Act (PACA) when it raised an exception on a title commitment for the sale of real property upon which a grocery store was a tenant. The title company asked the owner to execute an affidavit and indemnity in the title company's favor with regard to any PACA liens incurred by the tenant. This new exception has elicited a fair amount of confusion as to why an 86-year-old statute would suddenly present a cloud on title.
Cybersecurity Comes Together In Legal and Finance
January 01, 2017
Data security in the financial and legal industries is a tale of two sectors. While the financial industry is heavily regulated and constantly watched by federal agencies, law has at times operated in an almost laissez-faire environment, more ruled by a culture of confidentiality and secrecy than hard regulatory rules.
Rebound Year Forecast for 2017
January 01, 2017
It is expected that equipment and software investment for 2016 will ultimately close down 1.1%, including three consecutive quarters of declining growth. This trend is expected to reverse in the new year, however, as investment in equipment and software is expected to grow 3.0% in 2017, according to the Annual 2017 Equipment Leasing & Finance U.S. Economic Outlook released by the Equipment Leasing & Finance Foundation.
Rules for Investing In NNN Deals
January 01, 2017
<i><b>The Mysteries and The Risks</b></i><p>The triple net lease, or NNN (also known as a bondable lease), is a common lease structure used in commercial real estate. Even though it has become widely popular, the most seasoned investors and their advisers do not always fully understand the details.
Equipment Financing Is on the Rise
January 01, 2017
According to the recently released U.S. Equipment Finance Market Study 2016-2017, conducted for the Equipment Leasing and Finance Association, 78% of respondents used at least one form of financing when acquiring equipment in FY 2015. This is up from 72% of respondents from the previous Foundation market study released in 2012, and represents an increase in the overall propensity to finance.
HVCRE Regulations
January 01, 2017
<b><i>Greater Clarity Needed</b></i><p>The new HVCRE rules require banks to assign a 150% risk weight to any HVCRE exposure (up from the 100% risk weight assigned under general risk-based capital rules) and cover all acquisition, development or construction (ADC) loans unless an exception applies.
Case Notes
January 01, 2017
A New York court has found that a landlord did not commit fraud when it failed to disclose to its prospective tenant that a long-term municipal improvement construction project was about to commence near the leased premises.
