About our Firm
Our Experience
CASES AND ARTICLES
We invite you to use the wealth of materials provided below in the Cases and Articles section of the website. All materials are organized by category and are updated regularly.
TO SEARCH OUR ENTIRE CITE, CLICK HERE!!!
organized by category
Dispatches from the Trenches
(Monthly Column in The Monitor)
A
Acceptance Certificates
Aircraft
Alt-Dispute Resolution
(Arbitration and Mediation)
Assignments-Syndications
Attorney's Fees
B
Bankruptcy
Brokers
C
Choice of Law
and Forum Selection
Claims
Community Property
Contract Law (general)
Conversion
D
Damages
Defaults
Documentation
E
ECOA
F
Fair Debt Collection
Fair Market Value
Financing Statements
Florida
Fixtures
Foreclosure
Fraud
G
Government Lease
Guaranties
H
Hell or High Water
I
Identity of Lessee
Immunity
Indemnities
Insurance
J
Jury Trial
L
Landlords and Mortgagees
Lease vs Loan or Sale
Lessee Obligations
Lessor Liability
Lessor Waiver
Licenses and
Qualification to do Business
M
Mechanic’s Lien
Mitigation of Damages
O
Oral Agreement
P
Products Liability
Public Policy
Purchase Money
Security Interests (PMSI)
Purchase Option
R
Renewal
Residual Value
S
Statute of Limitations
Sublease
T
Taxes
TRAC
U
Unconscionability
Uniform Commercial Code
UCC Article 2A
UCC Article 9
Unfair Trade Practices
Usury
V
Vehicles
Vendors
W
Waivers
Warranties
July/August 2009 - Fixtures: A Healthy Fixation with Special Priority Rules
2009 Monitor 100 - Certificates of Title: Owners, Lienholders and Courts Oh My!
May/June 2009 - A Little Something About Lessee Assignments and Assumptions
March/April 2009 - Complying with ECOA When Rejecting Applicants
January/February 2009 - True Leases versus Straight Loans (structural and documentation differences)
November/December 2008 - Be Explicit when talking Negligence- Thoughts on Indemnification and Exculpation
September/October 2008 - Acting Reasonably. . . Implied Covenant of Good Faith and Fair Dealing
2008 Conference Issue - Did a Florida Court Bury the Graves Amendment
July/August 2008 - Liens that Survive Transfer of the Equipment
May/June 2008 - Refinancings, Consolidations and Renewals of PMSIs under Revised Article 9
March/April 2008 - Guaranties: For your Consideration
January/February 2008: More About Inventory
December 2007 - Be Weary About Relying on Certificates of Title When Your Leased Trucks are Subleased
November 2007- A Little Something About Liquidated Damages
September 2007: A Little Something About Fraud and Identity Theft
July 2007 - A Little Something About EFA's: What is an Equipment Finance Agreement?
May/June 2007- The Fair Credit Reporting Act-- Still Impacting Certain Commercial Leasing Transactions
March/April 2007- What's all This About Payment Intangibles? The CMC Case May Place the Syndication Market in a State of Disarray
January/February 2007 - Attempting to avoid the Hell or High Water Clause by alleging Fraudulent Inducement
November/December 2006 - The Increased Legal Risks of Leasing to Individuals, Sole-Proprietors
October 2006 - Combating Fraud: Piercing the Corporate Veil & Intentional Misrepresentation (Case Updates)
September 2006 - One Troublesome Trio... Fraud and the UCC; Quantum Meruit & Affiliates and Subsidiaries in Contracts (Case Updates)
July/August Issue 2006 - On Matters of Insurance — Some Hard Lessons Learned
June 2006 - Dr. Jekyll, Mr. Hyde & the ‘Hell or High Water’ Clause: Lyon Financial Services, Inc. V. Woodlake Imaging, LLC
May 2006 - Tales From the Byzantine… Perfecting Interests in Payment Streams; Lease Strip Deals
April 2006 – Florida Court Misses the Boat…Of Wrong Conclusions, Mutual Mistakes & More
March 2006 - Some Common Questions Answered on State Licensing of Equipment Lessors
February 2006 - Creeping Consumerism & Class Actions; Exculpatory Contracts (Case Updates)
January 2006 - Four Leasing Lessons to Consider in The New Year (Case Updates)
November/December 2005 - From Scary Damages Cases to Lurking De-facto Lessees - Oh, My!
October 2005 - A Lessor’s Legal Smorgasbord — Five Issues to Chew On (Case Updates)
July/August 2005 - Unsafe At Any Speed: Dangerous Practices in Small-Ticket Leasing
June 2005 - The “Ins + Outs” of UCC Finance Leases & Co-Lessee Issues
May 2005 - Leasing & the Law: Case Law Offers Important Lessons for Leasing Companies (Case Updates)
April 2005 - The Importance of Being Thorough: Provisions That Should Be In Every Lease
March 2005 - More About "Boilerplate"...Skip At Your Own Risk!
February 2005- Frequently Overlooked, Potentially Impactful: Hot Issues About "Boilerplate"
January 2005 - On Perfected Security Interests, True Leases & Entrustment
Nov/Dec 2004- Choosing Wisely: The Importance of Forum Selection Provisions
October 2004 - Know What You're Getting Into . . Understanding the Risk of Successor Liability (Case Updates)
September 2004 - Dead Cats & Broken Feet - Breaching the Peace Claims (Case Updates)
July/August 2004 - What's All the Noise About Breaching the Peace?
June 2004 - From Limited Liability Clauses to Forum Selection (Case Updates)
June 2004 - Legal Audits: An Ounce of Prevention prevents a Ton of Legal Fees
May 2004 - The Finer Points of "All Risk" Insurance
April 2004 - A Little Something About Fixtures
February 2004 - Guaranties - How Certain Is Your Security?
January 2004 - Realizing Upon Collateral Under Revised Article 9
November/December 2003 - Default & Enforcement Under Revised Article 9
October 2003 - Georgia Usury Laws & Other Cases (Case Updates)
September 2003- No Windfall from Liquidated Damages (Case Updates)
July/August 2003 - Lease Vs. Loan Under UCC - Applying the Two-Part Test
June 2003 - Taking Assignments of Another's Leases
May 2003 - From Usury Claims to Severability Provisions (Case Updates)
April 2003 - Revised Article 9: Failure to Comply Will Cost You
March 2003 - Double Checking Those Indemnification Agreements (Case Updates)
February 2003 - Certificates of Acceptance, PMSIs and Partial Deliveries: OH MY!
January 2003 - From Proper Methods to Vicarious Liability (Case Updates)
November/December Issue 2002 - Filing Precautionary UCC Financing Statements (Case Updates)
October 2002 - Unfamiliar Judges Can Lead to Poor Decisions (Case Updates)
October 2002 - E-Signatures: Necessary Element of E-Commerce Legislation
September 2002 - Gramm Leach Bliley Act & Privacy Notices
© Copyright 2007 Marks & Weinberg, P.C., All Rights Reserved
Terms and Conditions
