Blank Rome Partner Stephen T. Whelan co-authored the survey article on “Leases” for the Fall 2017 edition of The Business Lawyer (Vol. 72, No. 4), a publication of the American Bar Association, Business Law Section.
Case Law Developments
This survey covers a number of cases decided in 2016 involving disputes between parties to equipment financing transactions or with third parties regarding the transactions or the related equipment. The courts in these surveyed cases considered many of the issues that are fundamental to establishing the respective rights, obligations, interests, and remedies associated with equipment financings. These issues include, among others, whether a transaction documented as a lease creates a true “lease” or a security interest, the rights of assignees of interests under a lease, certainty of payment issues such as waivers of defenses and “hell-or-high water” payment obligations, vicarious liability of a lessor, a lessor’s damages remedies, and options reserved to lessees relating to the leased equipment.
To read the full article, please click here.
“Leases,” by Edward K. Gross, Dominic A. Liberatore, and Stephen T. Whelan was published in the Fall 2017 edition of The Business Lawyer (Vol. 72, No. 4), a publication of the American Bar Association. Reprinted with permission.