Marks & Associates, P.C. 
December 2019
Join Our Mailing List
Dear Santa:

Forgive me, but I am a bit needy this year.

First of all, under the heading of Peace on Earth and Goodwill to Ev'body, I would appreciate it if the good people of these United States would remember how to talk with one another. And maybe (if it isn't too much to ask) listen as well.

I'd like you to send me the ability to enjoy the music that blares from cars stopped alongside me because you haven't answered my requests the last several years to make their speakers blow out.

I'd like California to publish an announcement that it was kidding about licensing, disclosure laws, consumer privacy laws and jury trials/forum selection. April fool!

If not, I would respectfully request that you make the state secede. I know some folks here in Alabama who would be happy to tell them how to do it on account a' they haven't ever been reconstructed, if you know what I mean.

I'd like the crooks who continue to plague my industry by cheating their customers to move to California just before the secession (unless they are already there); and they should get out of the business before they convince the feds to weigh in with neo-consumer protection legislation.

I'd like a couple of 26-hour days in December and patience when speaking with my family after an hour-long call with opposing counsel who hasn't ever been to the ELFA Legal Forum, read up on what equipment finance is all about, or otherwise become educated in our business but is certain that they (!) are (is?) correct in striking the hell-or-high water clause, the waiver of defenses, the waiver of implied warranties and inserting a lessor indemnity because...why not?

I'd like an alternative to using "they" and "them" when referring to a single person of indeterminate gender. (Santa, you probably know that "they" was the most researched dictionary term this year, beating out quid quo pro, insidious and emoluments clause).

Santa, please put a note under the Christmas tree at each of our clients' houses to watch out for fraud in 2020. Things are heating up, app-only ceilings rising,  and we seem to be partying like it's 1999...or 2006.

Please deliver to HBO my request that they speed up the Game of Thrones prequel and consider the continuing adventures of Arya. And keep Amazon filming the Expanse and mak e the two guys who write the books hurry up the final installment.

That said, please make people read more. The world will be better if they read The Outlaw Ocean, and The Understory. They will be better adjusted if they read Circe and The Sympathizer. Everything will be better if they read anything by Tim Dorsey or Christopher Moore because crazy is a good thing. Sometimes.

Please help our clients and the people with whom they do business understand
  • anything can be subject to the rules for  inventory if it is leased to someone who rents it to anyone else, and a problem if the lessee rents or sells something like it;
  • purchase money security interests are only available if the UCC is filed on time and protect money paid to the vendor or seller of the equipment;
  • the accounting rules regarding completed sale/revenue recognition are serious business and changed a couple of years ago and the old operating lease has followed the saber tooth cat into the La Brea Tar Pits of time;
  • just putting "Equipment Finance Agreement" on a lease does not make it an EFA;
  • state licensing for motor vehicle lessors and sellers (even selling to their own lessees) is a real thing, as is usury, and the laws of several states can be read to require disclosure of interest rates or at least enough information to calculate the rate from the four corners of the loan agreement; and 
  • everything else we have been yammering about, now available on

Santa, please remind those complaining about how complicated things have gotten that....well, they are right, but whatever doesn't kill you makes you rich.

And remind them that money isn't everything and is no excuse for excusing amorality in government.

Last of all, I would like those of my friends who want to do so to feel comfortable in wishing me Merry Christmas, like Matt, Tammy and I wish them and (with apologies to mein  landsman) everyone else.

See you next year (unless I am supposed to be getting documents out to you, in which case I swear I am writing this at 2:00 AM and your docs will be there very soon). Be safe.


400 Century Park South
Suite 100
Birmingham, AL 35226
(205) 251-8301

Direct Mail To: 
P.O. Box 11386
Birmingham, AL 35202
Barry S. Marks   
Direct:  205.251.8303 │
Matthew D. Evans   
Direct:  205.251.8302  │

The  material in  our newsletter s and on  our web site is for informational purposes only and is not legal advice.  Neither your review or use of any of such  materials  nor any correspondence which does not expressly confirm an attorney-client relationship create s an attorney-client relationship between you and  our firm or any of  our attorneys. You should not act upon any  information  in any of our newsletters or on our web site without seeking advice from a qualified attorney, accountant or other professional. Please note that you should not send  us any confidential information until you have received written agreement from  one of our attorneys to perform legal services. Unless you have received such  a written agreement, we will not consider any information you send us as confidential. No representation is made that the quality of the legal services to be performed  by our firm or any of our attorneys is greater than the quality of legal services performed by other lawyers.