The Business Lawyer

Blank Rome Partner Stephen T. Whelan co-authored the survey article on “Leases” for the Fall 2021 edition of The Business Lawyer.

Article Excerpt:

Case Law Developments

This survey covers several 2020 cases involving disputes among parties to equipment leases or other personal property financings, or 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 when litigating commercial enforcement or bankruptcy protections or rights associated with such leases and financings. The issues covered in cases summarized in this article include whether a transaction documented as a lease creates a true “lease” or a security interest, the enforceability of certain lessor remedies, vicarious liability, 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 here.

“Leases,” by Dominic A. Liberatore, Edward K. Gross, and Stephen T. Whelan* was published in the Fall 2021 edition of The Business Lawyer (Vol. 76), 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.