WLN Columns

The Legal Column

Dodd-Frank Continues to Roil Leasing ABS
By Stephen T. Whelan, Blank Rome LLP
posted: Dec 12th, 2011

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 became law little more than a year ago. Federal government agencies charged with issuing implementing regulations have labored since then to produce guidance on subjects such as risk retention by securitization sponsors and reporting of warranty repurchases. The latest topic to inspire controversy stems from section 942 of the Dodd-Frank Act, which requires the Securities and Exchange Commission to

“adopt regulations…requiring each issuer of an asset-backed security to disclose, for . . . read more

The Impact of the Automatic Stay on Multi-Party Litigation
By James C. Warmbrodt
posted: Oct 25th, 2011

For creditors seeking to collect debts, it is Bankruptcy 101 that a debtor’s filing of a bankruptcy petition automatically stays the commencement or continuation of actions against the debtor to recover a claim that arose prior to the bankruptcy. While it is easy to understand and apply the requirements of the automatic stay to situations involving one creditor and one debtor, less clear is the impact of a bankruptcy filing by one of the parties in multi-party litigation.

Consider the following . . . read more

Recent Legal Columns

10 Reasons to Consider Mediation and Arbitration as Alternatives to Litigation in Equipment Leasing and Finance Cases
Jun 8th, 2011

Litigation can be expensive and time consuming, especially in equipment leasing and financing cases, which often are document intensive and involve complex factual and legal issues. There are ten factors which may weigh in favor of including an alternative dispute resolution clause in a lease or finance agreement.

Ponzi Schemes-Will They Ever End?
Apr 19th, 2011

So-called “Ponzi” or “Pyramid” schemes have been in existence for a long time. Since Charles Ponzi, there has been what seems like a never-ending series of exposed scams, culminating most recently with Tom Petters, Allen Stanford and Bernard Madoff. However, even though they have been around a long time, they show no sign of slowing down. Do not become yet another victim.

Lessons Learned: How Leasing May Change Post-Recession
Feb 3rd, 2011

Everyone knows some version of George Santayana’s observation that “Those who cannot remember the past are condemned to repeat it.” In the rush to declare the end to the Great Recession, few of us are taking the time to think about what we learned or should have learned from the misery of the last year and a half.

Maybe the economy is bouncing back and America’s businesses are re-tooling. Maybe there is a wave we can catch if we are ready. . . . read more