Our Core Capabilities

We offer end-to-end support across all key asset finance segments, addressing the unique challenges of diverse asset classes and transaction structures:

Transaction Structuring & Documentation

· Drafting and negotiating equipment leases (operating leases, capital leases, and synthetic leases) for assets ranging from IT hardware and medical devices to heavy machinery and aircraft.

· Structuring asset-based loans (ABLs) secured by inventory, accounts receivable, machinery, real estate, or intellectual property.

· Advising on sale-leaseback transactions to unlock capital from existing assets while maintaining operational control.

· Preparing and reviewing transaction documents, including credit agreements, security agreements, leases, guarantees, and title transfer instruments—ensuring enforceability and alignment with client priorities.

Regulatory & Compliance Support

· Guiding clients through compliance with U.S. Uniform Commercial Code (UCC) requirements (filings, perfection of security interests, and priority disputes).

· Advising on tax implications of asset finance structures, including IRS rules for lease classification, depreciation, and tax-advantaged financing.

· Supporting financial institution clients with compliance with regulatory frameworks such as Dodd-Frank, FDIC guidelines, and state usury laws.

· Conducting due diligence on assets (title verification, lien searches, and condition assessments) to mitigate risk for lenders and investors.

Dispute Resolution & Enforcement

· Representing clients in asset finance disputes, including lease defaults, loan workouts, repossession actions, and breach of contract claims.

· Assisting with restructuring of distressed asset finance arrangements, including forbearance agreements, modifications, and debt-to-equity swaps.

· Enforcing security interests and lease terms through negotiation, mediation, arbitration, or litigation in federal and state courts.

· Defending clients against allegations of misrepresentation, non-compliance, or improper asset valuation in finance transactions.

Industry-Specific Asset Finance

· Technology: Structuring financing for software, cloud infrastructure, and hardware-as-a-service (HaaS) models, addressing IP licensing and obsolescence risks.

· Transportation: Advising on fleet financing (trucks, buses, ships) and aircraft leases, including regulatory compliance with FAA and DOT requirements.

· Healthcare: Supporting financing for medical equipment (MRI machines, surgical tools) and healthcare facilities, navigating HIPAA and Stark Law considerations.

· Energy & Infrastructure: Structuring finance for renewable energy assets (solar panels, wind turbines), pipelines, and industrial facilities, aligning with environmental regulations (EPA, NEPA) and tax incentives.

Our Approach

We believe effective asset finance counsel goes beyond legal documentation—it requires understanding a client’s business, the assets at stake, and the market forces shaping their industry. Our approach is defined by three core principles:

1. Commercial Focus: We prioritize solutions that balance legal risk with business needs. For example, we help borrowers structure leases to preserve cash flow, or advise lenders on securing interests in high-value, rapidly depreciating assets.

1. Proactive Risk Mitigation: We anticipate potential pitfalls—from unclear title to regulatory changes—and address them upfront. Our due diligence process leaves no stone unturned, ensuring clients enter transactions with full visibility into risks and remedies.

1. Collaborative Delivery: We work closely with clients’ internal teams (finance, operations, tax) as well as external advisors (accountants, appraisers) to ensure alignment across all aspects of an asset finance transaction. For cross-border matters, we leverage our global network to coordinate with counsel in other jurisdictions, ensuring seamless execution.

Industry Insights & Thought Leadership

Our attorneys are at the forefront of emerging trends in asset finance, regularly publishing analysis on topics such as:

· The impact of inflation and interest rate fluctuations on asset valuation and lease terms.

· Innovations in green asset finance (e.g., financing for electric vehicle fleets and renewable energy projects).

· Regulatory updates to UCC Article 9 and their implications for security interest perfection.

· The rise of asset-based lending for startups and mid-market companies.

We also speak at industry events (e.g., Equipment Leasing and Finance Association conferences) and host client roundtables to share insights on navigating today’s asset finance landscape.

Whether you’re a lender seeking to secure your interests, a business looking to finance critical assets, or an investor exploring asset-backed opportunities, our Asset Finance team provides the clarity, experience, and strategic guidance to help you succeed. Contact us to discuss your asset finance goals.