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Author Archives: Barry S. Marks

Dodd-Frank Revisited (again)

It seems as though every few weeks a new bank subsidiary is alerted to the fact that federal preemption no longer protects it in terms of state licensing and usury issues. We will address this in a panel at this year’s ELFA Annual Convention and have written about it extensively in our newsletter and elsewhere…. Read More »

Automatic Renewals and Evergreen Clauses

The furor over these provisions continue. On the one hand, lessors who do not include some form of holdover protection or notice of return in their leases sometimes find themselves unable to collect full rentals if the lessee fails or refuses to return the equipment. Perhaps worse, what if the lessee returns equipment abruptly after… Read More »

Operating Leases

As of this writing, the IASB and FASB have continued their long-standing inability to agree on what constitutes an operating lease and what criteria should be used for keeping it off the lessee’s balance sheet.  Having dealt with synthetic leases, first amendment leases, and a variety of forms designed to qualify either as operating leases… Read More »