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Blank Rome senior counsel <a href="/people/stephen-t-whelan/" id="19278">Stephen T. Whelan</a> co-authored the survey article on “Leases” for the Fall 2023 edition of The Business Lawyer.

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This survey covers several 2022 cases involving disputes among parties to equipment leases or other personal property financings and cases involving third parties claiming to have related rights or interests. The courts in these cases considered many of the fundamental issues often raised by parties and others when litigating commercial enforcement, bankruptcy protections, and other claimed rights, including the associated rights and interests and liability considerations, relating to these leases and financings. The issues covered in cases summarized in this Survey include whether a transaction documented as a lease creates a true “lease” or a security interest under the Uniform Commercial Code (the “U.C.C.”),1 vicarious liability of a lessor, the enforceability and shortcomings of forum selection clauses, the enforceability of hell-or-high-water clauses, and the rights of assignees.

To read the full article, please click&nbsp;<a href="https://www.blankrome.com/sites/default/files/2023-11/007-tbl_78-4_liberatore_et_al.pdf">here</a>.

“Leases,” by Dominic A. Liberatore, Stephen T. Whelan, and Edward K. Gross* was published in the Fall 2023 edition of&nbsp;<a href="https://www.americanbar.org/groups/business_law/publications/the_business_lawyer/">The Business Lawyer</a>, a publication of the American Bar Association, Business Law Section. Reprinted with permission.

* Dominic A. Liberatore serves as deputy general counsel for De Lage Landen Financial Services, Inc. Edward K. Gross practices law with Vedder Price P.C.

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Stephen T. Whelan

Equipment Leasing

Finance

Article

Publications

Leases (Fall 2023)

Dominic A. Liberatore, De Lage 
Landen Financial Services, Inc. 
Edward K. Gross, Vedder Price P.C.

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Leases (Fall 2023)

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