2007 January Issue

JANUARY/FEBRUARY 2007
Watch Your Step ...
Asset Managers Look for
Pitfalls & Roll With the Changes

FEATURES

In a Dynamic Environment, Equipment Managers Remember to Roll With the Changes
By Christopher Moraff, associate editor
Last year, the equipment managers classified 2005 as a year of increasing competition, with more and more money chasing fewer and fewer deals. See page 17 to find out what our panel of experts had to say about 2006 and what lies in store for 2007. (Ref # EQM144)

Fraud — an Ever Present Danger
By Jerry Oldham, 1st West Financial Corp.
Do you have the right tools to catch a thief? Let’s face it, fraud is a given in today’s business environment and this month’s lead story gives insight into preventing it, catching it and managing it. (Ref # FRD010)

Leveraging the ‘Human Touch’ to Mitigate Risk
Robert Doyle, PNC Equipment Finance
The technology revolution and its proliferation of cell phones, e-mail and online platforms have delivered great benefits to the business community. But the convenience of modern-day communication cannot replace the value of knowing the people with whom you are doing business. (Ref # SYN013)

Examining Country-Risk Analysis Beyond ‘Sovereign’ Risk
By Joseph Boland and Rafael Castillo-Triana, the Alta Group
Emerging economies provide great opportunities for U.S. equipment lessors and finance companies seeking to fund the growing appetites of organizations looking to acquire critical equipment. These lessors must proceed cautiously however, and carefully address a number of risks inherent to expanding markets. (Ref # INC072)

The New Science of Sales Force Productivity
By Dianne Ledingham, Mark Kovac and Heidi Locke Simon, Bain & Company
The data, tools and analytics that companies are increasingly using to improve their sales forces will not only help top performers shine, but they will also help drive sales force laggards to the middle of the curve.

A Practical Look at a Sometimes Overlooked Charge
By Mark M. Scott, Buchalter Nemer
Many lease agreements contain an “interim rent” provision and although it is a well-established provision, it isn’t specifically addressed in the UCC. This month, we thought it valuable to give our readers an understanding of how interim rent is used and how the courts enforce it. (Ref # LGL1083)

Managing Risk Through Various Insurance Options
By Thomas A. Orofino, Quintessence Financial, LLC
There is no getting around it … making money and being in business involves taking risks. The penalties for getting it wrong can be severe. Solutions lie in how the industry improves its ability to quantify and manage risk, and how it identifies the available tools to mitigate these risks. (Ref # INS019)

Specialization, Internal Partnership Keep Chase Equipment Leasing on Path to Success
By Amanda Gutshall, assistant editor
Chase equipment leasing’s Martin Cox never thought he would be “bridging the divide” between banking and equipment leasing. But, by all accounts, bridge it he has by focusing on company-wide clients and internal communications and partnering. (Ref # PRO090)

COLUMNS

ALTERNATE PERSPECTIVES
Are you Really Ready to Make a Move… Really?
By Michael A. Toglia, Molloy Associates, Inc.
A new year has dawned, and through the course of resolutions and goal listing, it’s time to ask yourself: are you ready to move on to another company? If you’re one of the many seeking that “diamond in the rough” position, turn to page 48. (Ref # JBS086)

LEGAL WATCH
Get Ready to Rumble
By Andrew K. Alper, Frandzel Robins Bloom & Csato, LC
bad facts sometimes make for bad law. In recent litigation against assignees of leases, this has clearly been the case. This article discusses a recent California case to illustrate how confusion can occur when courts deal with the conflicting article 9 and article 2a. (Ref # LGL1084)

DISPATCHES FROM THE TRENCHES
Lessees’ Tactics to Avoid the ‘Hell or High Water’ Clause
By Kenneth P. Weinberg, Marks & Weinberg, PC
This edition discusses the “hell or high water” clause. Any lessor that has ever had to defend a claim of defective equipment should be aware of the various tricks counsel uses to avoid the infamous clause. (Ref # LGL1085)