Do I Really Have to Disclose Kickbacks
Under Several New Disclosure Laws?
By Ken Greene, Leasing News Legal Editor

We recently posed this question to our readers: Do the new state disclosure laws require the disclosure of vendor kickbacks?

These are new disclosure laws in several states. If there is a part of the transaction that you fail to disclose because it might yield a competitive disadvantage, you are going to need to retool your operations and figure out a way to deal with this problem.

First, a little context: There are many varieties of “kickbacks.” It is, typically, a secret or unauthorized deal, generally unwritten, probably undisclosed, and perhaps illegal, whereby something of value is given to a third party to secure a contract or nurture a business relationship.

In the equipment finance world, it may involve a vendor/supplier who overvalues the cost of equipment and gives the overpayment to the broker, borrower/lessee, the guarantor, or a broker who kicks k a share of their points to the vendor.

Is this legal? If it is not disclosed, and perpetrates a fraud on one of the parties i.e. the lender who pays $80,000 for a backhoe loader that costs $50,000, and the “extra” $30,000 goes to the broker or the borrower, so that if the lessee/borrower defaults, and the equipment is repossessed and sold, the lessor/lender will not be able to recoup its investment, as they paid too much for the equipment, that’s fraud, and it is illegal.

You won’t find the word “kickback” in the new laws. There is enough content in both the California and New York regulations to convince me that kickbacks must be disclosed.

Although there are many different kickback arrangements, it really all boils down to one question- is money changing hands and changing the financial terms of the transaction? Is it costing the lender or borrower more than it should? If so, I am sure this must be disclosed. Is it costing a guarantor more money, like the case in which the funder gave cash to one of the guarantors in excess of the purchase price, to the detriment of the other guarantor who was responsible for the entire obligation.

There are ‘gray area’ kickbacks, i.e.,  the broker shares his points with the vendor. Technically, this does not cost the customer any more than if the broker kept the points, but it does raise this question: If the broker was willing to do the deal for two points, shouldn’t he have just done that and saved the client money?

I won’t bore you with the numerous references within the 100 plus California and New York regulations or other states that strongly imply that the borrower needs to know why the amount financed is more than the amount the borrower receives. If the borrower is paying for kickbacks, this must be disclosed.

Failure to disclose something this material could well constitute fraud, and such as the California Commissioner and the New York Superintendent of Financial Services have the power to bring suit, criminal charges, examine and audit, issue cease and desist orders, and assess fines and penalties for anything that violates the letter of the laws and regulations and, I would argue, the spirit of the law, too.

I also strongly recommend talking to your attorney regarding this, and perhaps if an originator, your funder or super broker as well.

Ken Greene
Tel: 818.575.9095
Fax: 805.435.7464
ken@kengreenelaw.com
Alternate: kengreenelaw@outlook.com 

Ken Greene Leasing & Finance Observations
https://leasingnews.org/Pages/greene_observations.html

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Commitment to Lease or Make Loan Agreements
Full Disclosure Forms for Use with New Disclosure Laws

This was an update to forms by Ken Greene, Leasing News Legal Editor, which today also is applicable to include information required by various states new disclosure laws. The various
states requirements can be added in the full forms. - Editor

Ken Greene requested this be posted as both California and New York Laws will have their rules and procedures in place in 2022 for all non-bank commercial transactions, such as Capital Leases, Equipment Finance Agreements, Factoring, and Merchant Cash Advance.

This means assuring that the licenses of offices and branches located in the state or doing business in the state, follow the law. Most likely this will require a separate document, a legal agreement, a commitment, fully disclosing APR, First and Last payments, and Purchase Option procedure and recognized by both parties (not part of the actual contract.

While Boston Financial has published such rates and software such as True Value, and many companies have such programs on thier website, the law will be different.  Other states are going through the process of such a change as California and New York. 

The following will still be valid in states not adopting the present law, but readers should be aware these forms are only proposals and are only proposals in states who have not adopted the new disclosure procedure.

In small and medium size leases, the actual lease payment is often given and calls for the first and last payment as well as the documentation fee. Often a clause contains a "documentation" fee is noted, along with a clause that it is non-refundable if the lease is not approved. Often the wording is different and seems to be buried. Sometimes it is quite obvious and is spelled out as a processing fee.

This form was developed by Attorney Ken Greene, who is also a longtime advisor to Leasing News. It is aimed at keeping fees for working on an application.He is currently General Counsel for the American Association of Commercial Finance Brokers (formerly the National Association of Equipment Leasing Brokers) and has spoken at conference panels.

Greene Agreement to Keep Expenses
http://leasingnews.org/PDF/GreeneAgreementExpenses2016.pdf

In larger ticket size leases, a form as this is often used, which specifically charges a fee to process the application:

Charges a Fee Form
http://leasingnews.org/PDF/ChargesFeeForm2016.pdf

Business Loans or "Working Capital" loan commitment letters are explicit.  This is a form most often used by California License Finance Lenders:

Authorization to Find Lender
pdf

The dollar size of the lease proposal often dictates the details and length of the commitment letter.

This form is one of the most widely used in the leasing industry for leases $50,000 and above and covers most of the bases. Note: Last sentences about the signatures makes this more a “proposal,” than commitment. If required, these sentences may be removed.

Lease Commitment Agreement
http://leasingnews.org/PDF/LeaseCommittmentAgreement2016.pdf

It is a good idea to have the form you use reviewed by an attorney with equipment leasing experience. This does not mean your college friend who became a lawyer. You wouldn't take your children to an Endodontist to get braces on their teeth, although the practitioner is a "dentist." The same with going to an attorney. You go to a specialist who has experience in the leasing and finance industry.

Some things to consider in your form.

#1: ACH---If you are going to require it or may require it, you should have this spelled out in the agreement. If not in the contract and becomes a requirement of the lease, the proposal is invalid.

#2 Date---It is a good idea to have a time period involved. This can be  based on completion of all the documents and/or lease contracts. The time factor may be important, particularly if the matter goes to small claims court, or a higher court, depending on the money involved.
(Attorneys most likely will have different opinions on this, but it is important to let the applicant know there is a time frame involved in conducting credit or having to re-do credit and even ask for more current financial information, due to the time involved in collecting what you originally required.)

#3 Personal guarantees---of all officers who own 10% or more of a privately held corporation. (This will protect if the final approval comes in with terms and conditions but requires other guarantors who are not named on the application or in the proposal.)

 

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ELFA Report August Down 13%
from $10.1 Billion in July

(Leasing News Chart)

The Equipment Leasing and Finance Association’s (ELFA) Monthly Leasing and Finance Index reports economic activity showed overall new business volume for July, 2022, was $8.9 Billion.

(ELFA Chart)

August, 2022, was $8.8 billion, up 4 percent year-over-year from new business volume in August 2021.

Full Press Release:
https://www.elfaonline.org/knowledge-hub/mlfi-25-monthly-leasing-and-finance-index/view-mlfi/monthly-leasing-and-finance-index-august-2022

 

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New Hires/Promotions in the Leasing Business
and Related Industries

Robert Coffey was hired as Vice President, Sales, Vendor Finance Division, First Commonwealth Bank, Houston, Texas. He is located in Spring, Texas. He previously was Vice President, Tandem Finance, (January, 2018 - September, 2022); Vice President, Equipment Finance and Leasing at Strategic Funding Sources, Inc. (November, 2017 - January, 2019); Director of Originations, Fexx, MHE Rentals and Leasing (May, 2015 - May, 2016). Full Bio: https://www.linkedin.com/in/robert-coffey-01264943/details/experience/
https://www.linkedin.com/in/robert-coffey-01264943/

Jessica Friesen was hired as Assistant Vice President, Commercial Associate, Bank of America, San Diego County, California.  Previously, she was National Account Manager, Corporate Asset Finance, Mitsubishi UFJ Lease and Finance (U.S.A.), Inc. (July, 2018 - July, 2021). Full Bio:
https://www.linkedin.com/in/jessfriesen/details/experience/
https://www.linkedin.com/in/jessfriesen/

Mike Winstead was hired as Senior Vice President of Sales, Battle Horse Financial, Birmingham, Alabama.  Previously, he was Key Account Manager, Craneworks of Alabama (September, 2018 - January, 2022); Vice President Sales, GSG Financial April, 2017 - September, 2018).
https://www.linkedin.com/in/mike-winstead-15932769/

Leasing and Finance Industry Help Wanted
Excellent Compensation/Marketing Support/Work

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Integrity is an Originator's Best Asset

Sales Makes it Happen by Scott Wheeler, CLFP

Intergrity Noun:

• Adherence to moral and ethical principles; soundness of moral character; honesty.
• The state of being whole, entire, or undiminished.

Successful originators in the commercial equipment finance and leasing industry place integrity as their #1 priority. In a robust yet changing market, unethical characters can be found cutting corners, bending the truth, and committing fraud. Why?

There is so much money to be made by doing the "right" things such as investing your time and energy into the proper activities and processes, and looking out for the best welfare of your customers, your employer, and your funding partners.

The vast majority of professionals in the commercial equipment finance and leasing industry have the highest level of integrity and work every day to professionally deliver superior services to their customers. A few unscrupulous people can ruin the reputation for an entire organization, or even an industry. Therefore, as a community, we each have the responsibility to hold ourselves to the highest level of professional standards, but also the responsibility to call-out those who fall short.

 The commercial equipment finance and leasing industry is an important part of the U.S. economy; it provides needed capital to small and large entities throughout the economy. The industry's greatest strengths are its sense of community and commitment to the highest professional standards.

Scott A. Wheeler, CLFP
Wheeler Business Consulting
1314 Marquis Ct.
Fallston, Maryland 21047
Phone: 410 877 0428
Fax: 410 877 8161
Email: scott@wheelerbusinessconsulting.com
Web: www.wheelerbusinessconsulting.com

Sales Makes it Happen articles:
http://www.leasingnews.org/Legacy/index.htm

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No Community Bank Failures in Second Quarter
of 2022, Other Positive Results
By Delaney Exton, Coleman Reports Contributing Editor

Over half of community banks reported a decrease in the balance of loans and leases 90 days or more past due. There were no community banks during the second quarter of 2022.

Major Banks Showed difficulty in the Second Quarter
 of 2022, with the FDIC reporting:

• Banks’ quarterly net income in the second quarter of 2022 was $64.4 billion, a $6 billion decrease (8.5%) from the same quarter last year.
• 51.8% of all banks reported that they experienced an annual reduction in quarterly net income.
• The net interest margin in the second quarter of 2022 was 2.8%.
• The average yield on earning assets increased 36 basis points to 3.05%.
• Net operating revenue increased 6.2% due to net interest income growth (9.5% increase) and a small rise in noninterest income.
• Banks’ noninterest expenses rose $8.7 billion or 6.9% year over year.
• Quarterly commercial and industrial (C&I) loans increased by $92.3 billion in the second quarter of 2022.
• Total loan growth was 11.5% from a year ago when not considering PPP.
• Loans and leases 30 to 89 days past due increased 25% from the second quarter of 2021.
• 0.75% of loans and leases are 90 days or more past due, which is a 7.6% decline.
• 83.4% of community banks reported quarterly loan growth in the second quarter of 2022.
• Community banks’ PPP loan balances decreased by $90.6 billion or 93.8% from the second quarter of 2021.
• Annual C&I loan growth at community banks increased almost 22% when excluding PPP loans.
• There was a 5% increase in loans and leases 30 to 89 past due, but total past-due loan balances declined by 10.3% at community banks.

FDIC Press Release:
https://leasingnews.org/archives/Sep2022/09_09.htm#fdic

Coleman Report
28081 Marguerite Pkwy.
#4525, Mission Viejo, CA 92690
bob@colemanreport.com

Terrier/Labrador Retriever (short coat)
Des Moines, Iowa Adopt-a-Dog

Nebula
Female
1 Year, 9 months
Up-to-date with vaccinations

• Good with adults: All
• Reaction to new people: Friendly
• House trained
• Spayed
• Adoption fee: $250
• Birth date: 1/18/2021 (not exact)
• Color: White
• Activity level: Moderately Active
• Moderate energy level
• Exercise needed: Moderate
• Requires fence: Any Type
• Owner experience needed: Species
• Shedding: Moderate
• Grooming: Low

Nebula is out of this world cute! This sweet and petite female is seeking her forever home, she is very people friendly and food motivated so will love learning all sorts of new commands with you.  Nebula seems unsure of other dogs, so will need to continue to work on her confidence and socialization with meeting other dogs but may be best suited as the only pet in her forever home.  Nebula is pretty interested in cats, so she may not be an ideal match in a home with them.  Nebula has a medium to high energy, she would be a match in a home with elementary aged or older children and will enjoy having a yard of her own to run around and enjoy. She does enjoy daily walks, but does need gentle reminders not to pull or bark when you pass other dogs.

Nebula's adoption fee is $250 and includes her spay, microchip, current vaccinations and preventatives plus a free basic obedience class at Cedar Run Company in Hiawatha. Last Hope requires that all animals be kept as indoor pets only, be altered and kept current on vaccinations and preventatives. We look for adopters to have a demonstrated history of this with any current/former pets, and do perform a vet history check as part of our adoption process.  Please submit an adoption application through our website for consideration.

Last Hope Animal Rescue
1823 16tg Avenue
Cedar Rapids, Iowa 52404
319-200-4880
https://adopthope.org/adopt/

Application
https://adopthope.org/dog-adoption-applications

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Most Influential Lawyers
in Equipment Finance and Leasing

Andrew Alper
Julie Babcock
Bill Carey
Richard Contino
Jonathan Fleisher
Marshall Goldberg
Kenneth Charles Greene, Esq.
Michael A. Leichtling
David G. Mayer
Allan J. Mogol
Frank Peretore
John G. Sinodis
Mark Stout
Kevin Trabaris
Allan Umans
Mark Wada
Irwin Wittlin

 

Andrew K. Alper is a recognized influential attorney representing equipment lessors, funding sources, and other financial institutions since 1979. He is a longtime contributor to the Legal Column for the Monitor magazine. He has been a director of Western Association of Equipment Lessors and United Association of Equipment Lessors, now the National Equipment Finance Association, as well as being active with the Equipment Leasing and Finance Association, including serving as instructor for its Principles of Leasing class. He has presented seminars on Equipment Leasing for the Los Angeles County Bar Association. Mr. Alper also sits on the Los Angeles County Bar Commercial Law Committee.

Julie Babcock has been practicing law in the leasing industry since 1993. Julie joined the Key Equipment Finance law group in 2002 and is currently legal counsel for the Specialty Finance, Vendor, and Syndications groups. For a brief period, Julie left Key Equipment Finance to provide legal counsel for KeyBank’s Commercial Lending Group, supporting commercial real estate, real estate construction, commercial loan servicing, healthcare, Native American lending, asset- based lending, letters of credit, SBA, multi-family, and middle market lending.

Prior to joining Key, Julie was the head of the Legal Department at Republic Financial Corporation, Assistant General Counsel at MetLife Capital Corporation, an associate with the law firm of Bogle & Gates, and an Independent Petroleum Landman. She has been a frequent speaker at the Legal Forum of the Equipment Leasing and Finance Association. She received the Award for the Article Making the Greatest Contribution to the Leasing Industry for her article, “Buyer Beware: Key Issues Related to Acquisitions,” Journal of Equipment Lease Financing, Vol. 13/No. 1, Spring, 1995.

A Colorado native and avid Colorado Buffaloes fan, she earned her Bachelor of Science degree (with distinction) and her Juris Doctor degree (Order of the Coif) from the University of Colorado in Boulder, Colorado. She lives in Windsor, Colorado with her husband and three dogs.

Bill Carey served as General Counsel and Corporate Secretary for USXL since it was founded in March 2004, and he continued in that position at Tygris Vendor Finance, now EverBank Commercial Finance. He has over 15 years of experience in the commercial finance industry, serving in leadership positions as an attorney with CIT, Newcourt Commercial Finance and AT&T Capital, and handling transactions in vendor leasing, commercial lending, fractional aircraft finance and venture leasing, M&A and other corporate finance matters. For a three-year period, Bill was the executive vice president and general counsel of a London-based technology publisher.

He also received two additional nominations:

"Bill Carey is the most effective leasing lawyer I have ever worked with—and I have worked with many! Bill is the perfect example of a legal business partner, akin to an HR business partner, or a Finance business partner. He provides timely, organized, and meaningful legal guidance to senior management regarding overall business matters, and to the sales teams regarding individual transactions and/or vendor program legal issues and opportunities."

"I worked with Bill for over 5 years while at *** and found him to be one of the best in the business for many reasons. In sales-driven organizations, in-house counsel often have to maintain a fine balance, managing risk by providing good sound legal advice while not being so conservative that they become an obstacle to the company achieving its mission. Bill always excelled at that; he understands the business. He was reasonable and creative in his approach to resolving problems, very accessible, responsive and balanced. He was always a gentleman in his dealings with customers and vendors, diplomatic and poised regardless of the situation.  In addition, Bill was a great coach to his Legal Dept. as well as to his internal “clients,” always making time for a teaching moment. Bill is well known in the industry. He has served as a past Chair of the ELFA Legal Committee and I’m certain he left his positive mark there as well."

Richard M. Contino is an internationally-recognized equipment leasing expert, with an extensive legal, business, marketing, tax, transaction structuring, financial and management background.  He is an advisor on all types of start-up and on-going equipment leasing business activities for lessors, lease lenders and syndicators, equipment vendors, lease investors and corporate lessees.  He is former General Counsel of De Lage Landen, Wayne, Pennsylvania, a subsidiary of The Rabobank Group, and the 14th largest equipment lessor in the U.S. Mr. Contino is the author of eight books on business, negotiating, and equipment leasing. He has conducted private on-site and publicly-held business success, communication, finance, and negotiation seminars throughout the United States for professional organizations (e.g., American Management Association, Equipment Leasing and Finance Association, Illinois Institute of Continuing Legal Education, National Seminars Group, Practicing Law Institute, and University of California Graduate School of Law) as well as corporations (e.g., AT&T, EXXON Corporation, NYNEX, and Texas Instruments Corporation). He is a retired JAG Captain, US Air Force.

Jonathan Fleisher is a Toronto, Canada attorney whose practice
focuses on the commercial finance industry with a particular emphasis on innovative cross-border transactions and equipment and asset finance, where he has been recognized as a leading lawyer by the Canadian Legal Expert Directory and Best Lawyers. He has particular expertise assisting public and private US commercial finance companies with both establishing operations in Canada and purchasing and selling finance and lease companies, providing both legal and practical business advice.  He is also a prolific writer on topics related to equipment finance and cross-border transactions. Jonathan is the legal editor for Fleet Digest magazine and has completed both the Equipment Finance and Subordinated Debt chapters for Canadian Forms & Precedents. He has also drafted specific guides for US lenders expanding operations to Canada. He is a Director of the Canadian Finance and Leasing Association, Member of the Legal Committee of the Equipment Leasing and Finance Association, member of the American College of Commercial Finance Lawyers.

Marshall Goldberg has been an active member and leader for many years in financial institution associations, including the Equipment Leasing and Finance Association ("ELFA"), and the National Vehicle Leasing Association ("NVLA"). For ELFA, Marshall has served on the Legal Committee, the Credit and Collections Management Committee and as a member of the Editorial Review Board of the Journal of Equipment Lease Financing. He is currently the Chairman of the Professional Development, Education and Information Sub-Committee for the ELFA Legal Committee. He is responsible for developing, organizing, managing and editing the Legal Website, which includes an online compendium of legal issues pertaining to the 50 States, "What's New in the Law," and the "Catalogue of Legal Information." He developed and now chairs and monitors the Legal Listserve, an daily online forum for attorneys to discuss pertinent legal issues. He is also the sole 2009 recipient of the annual "Excellence in Leasing Award," presented on behalf of ELFA and its Legal Committee.

Marshall is co-author and co-editor of the “Executive Guide to Remedies,” and the “Executive Guide to Lease Documentation.” He also speaks and instructs extensively within the legal and business communities. He has given numerous educational and strategic seminars throughout the United States on subjects including Loan and Lease Enforcement, and he provides annual legal update presentations for financial association lawyers, including written summaries of current case and statutory law.

Kenneth Charles Greene, Esq., was very active in the beginning years of the Western Association of Equipment Lessors (now the National Equipment Finance Association) as well as the National Association of Equipment Leasing Brokers. Well known from attending many of the early conferences of several associations. Key attorney in the early years for Leasing News: from potential lawsuits regarding Bulletin Board Complaints, lawsuits, "bully" letters, 1st amendment issues, competitive practice, Mr. Greene has protected Leasing News without a financial charge or complaint. Also, one time active in attorney speaker programs as well as author of a monthly law bulletin. In 2017, he took over as Legal Counsel on a part-time basis for the National Association of Equipment Leasing Brokers, now the American Association of Commerce Finance Brokers. An active professional musician as well as service the music industry in Los Angeles today. He is Leasing News Legal Editor.

Michael A. Leichtling, is an attorney on corporate and financial matters, including complex mergers and acquisitions, corporate finance, venture capital and private financing transaction, specializing in leasing. counseling lessors, banks, funds, investors, and other funding sources. Member of several leasing associations, including serving on the Equipment Leasing and Finance Association Executive Committee, Chairman of the Board of Trustees, Equipment Leasing and Finance Foundation. Co-author with the late Jeff Wong, now retired Barry A. Dubin, as editor of the Commercial Finance Guide, now updated and published by Matthew Bender. Member, Board of Editors, Equipment Leasing Newsletter (Law Journal Publications). Author and well-known speaker. Recipient of the 2007 ELFA Award for “Excellence in Leasing."

David G. Mayer, Perhaps best known as the author of "Business Leasing for Dummies" (September, 2001) as well as an online newsletter "Business Leasing and Finance News" (2002-2012) which had 6,000 subscribers in 33 countries. He has written other articles, primarily on business aviation, aircraft leasing and finance, for which he is known, especially involving international and cross-border transactions.  He started this specialty, rising to Senior Counsel, GATX Corp, then going as corporate counsel, primarily in transportation equipment, including aircraft, vessels, truck and trailers, including project financing and operation. He is active in the Equipment Leasing and Finance Association, as well as has been a contributing author to the Equipment Leasing and Finance Foundation surveys. He is an Eagle Scout.

Alan J. Mogol, Over the last 40+ years, created a large volume of the middle market lease documentation currently used by the majority of the larger bank and finance companies in the industry, including standard forms of lease documentation for syndication, assignment, notice of assignment, participation and motor vehicle titling trust documents. Much of what Mogol has created is considered de facto industry standard in the bank middle market space. He is a frequent lecturer and author in the equipment financing area.

Frank Peretore has written many articles on leasing for the news media as a recognized expert on commercial lenders and lessors, including two books, "Workouts and Enforcement for the Secured Creditor and Equipment Lessor" and "Secured Transactions for the Practitioner: How to Properly Perfect Your Personal Property Lien and Assure Priority." He is currently the Secretary of the National Equipment Finance Association, serving on the board since 2009, as well as serving on many legal committees. He was also on the Board of Directors, Eastern Association of Equipment Lessors, and served on legal committees for the Equipment Leasing & Finance Association. He brings his law experience to his writing and leasing association meetings and conferences. He is highly respected by his colleagues for his dedication to the finance and leasing industry as well as to law.

 

John G. Sinodis' practice emphasizes the representation of equipment lessors and funding sources in all aspects of equipment leasing including litigation, documentation, insolvency, and transactional matters. Besides representing equipment lessors and funding sources, Mr. Sinodis represents financial institutions and asset-based lenders in the areas of commercial litigation, secured transactions, asset recovery, loan restructure and business litigation. Mr. Sinodis is an active member of the Equipment Leasing and Finance Association (ELFA) and the National Equipment Finance Association (NEFA). Prior to joining the firm, Mr. Sinodis served as the president of General Leasing Co. and is presently a member of its board of directors.

 

"In just three days, Mark Stout helped me to locate, obtain and return a stolen truck to one of my lessees after the truck had been driven across the state of Texas by utilizing his expertise and relationships 6 counties away. This could have been a disaster for my lessee. I called Stout who called whoever it was he called and the truck was returned. Easy – and that’s what I like."

Mr. Stout represents in excess of thirty financial institutions and leasing companies.

Within the last four years, Mr. Stout has represented commercial lenders in excess of 150 state court proceedings. Mr. Stout handles an extensive trial docket that generally entails at least three court appearances each week in various courts in Texas. In conjunction with his state court proceedings, Mr. Stout frequently utilizes sequestration/replevin proceedings to quickly recover his client’s collateral. Mr. Stout has filed approximately 200 sequestration/replevin actions in Texas. Mr. Stout represents in excess of thirty financial institutions and leasing companies. Within the last four years, Mr. Stout has represented commercial lenders in excess of 150 state court proceedings. Mr. Stout handles an extensive trial docket that generally entails at least three court appearances each week in various courts in Texas. In conjunction with his state court proceedings, Mr. Stout frequently utilizes sequestration/replevin proceedings to quickly recover his client’s collateral. Mr. Stout has filed approximately 200 sequestration/replevin actions in Texas.

Kevin Trabaris has extensive experience representing banks, financial companies, equipment lessors, insurers, and other funding and intermediary entities and borrowers in connection with thousands of business financing matters.  He has handled everything from small ticket transactions to billion dollar syndicated loans, real estate financing to asset-based facilities. He is an active member of the Commercial Finance Association, LinkedIn Capital Equipment Leasing Group and Equipment Leasing Professionals Group. He has an excellent reputation among his colleagues.

Allan Umans is in charge of documentation and legal affairs at Pacific Rim Capital, reportedly the nation's largest independent lessor of material handling equipment. In his field, he has an excellent reputation. He previously served as General Counsel and Secretary of Relational Technology Services, Inc. and Assistant General Counsel and Assistant Secretary of El Camino Resources, Ltd., both independent technology leasing companies. Mr. Umans has a JD degree from Southwestern University Law School and a BA degree in Economics, with honors, from the University of Manitoba.

Mark Wada, founding shareholder of the Portland, Oregon law firm Farleigh Wada Witt, has been listed in Oregon Super Lawyers for the tenth consecutive year in the specialty area of banking and finance. And for the seventh consecutive year, Mark was selected by his peers for inclusion in The Best Lawyers in America for banking and finance law. Mark has expertise in representing banks, commercial lenders, equipment lessors, private equity funds, lenders in commercial loans and leases to high tech companies, including intellectual property security agreements and warrant terms and other financial service providers; numerous commercial lenders and lessors in workouts, collateral liquidations, collection matters and sales of individual loans and portfolios. In 2010, he was appointed to serve a three-year term on the Equipment Leasing and Finance Association Legal Committee. He is past-president of the Oregon Law Foundation and Campaign for Equal Justice and has served as a member of the Executive Committee of the Oregon State Bar Debtor-Creditor Section, the Board of Directors of the Multnomah Bar Association, as well as its treasurer, representative to the American Bar Association House of Delegates, and the Board of Directors and Executive Committee of the United Cerebral Palsy Association of Oregon and Southwest Washington.

Irwin Wittlin is well-known in the leasing industry as he was past member of the Board of Directors of the United Association of Equipment Leasing (UAEL) at time of merger and formation of National Equipment Finance Association (NEFA). He is a past chairman of the legal committee and has spoken on a variety of legal issues at recent conventions, including the topics of, "Effective Lease Collections," “Working With Outside Counsel," "Fraud Prevention," "Maintaining Your Business Credit Line," and “Selected Issues in NorVergence." He is an instructor for the Certified Lease Program Foundation ("CLP") on the subjects of lease law, lease documentation, and collections. Mr. Wittlin is a frequent speaker on various legal and collection related topics for various professional organizations, with an emphasis on leasing, business litigation and collections.

News Briefs---

Easing 2% inflation target would ‘set up chaos,’
    St. Louis Fed president warns
https://www.stltoday.com/business/local/easing-2-inflation-target-would-set-up-chaos-st-louis-fed-president-warns/article_3849fe1c-aeeb-5906-b655-376ce3164e12.html

When it comes to working from home,
    Massachusetts is near the top
https://www.boston.com/news/business/2022/09/27/massachusetts-employees-rates-work-from-home/

Sixth Florida property insurer declared insolvent
    Widespread financial problems in the industry
https://www.cbsnews.com/miami/news/sixth-florida-property-insurer-declared-insolvent/

GM steps back on new return-to-office policy
    after backlash from salaried workers
https://www.freep.com/story/money/cars/general-motors/2022/09/27/gm-return-to-office-detroit-work-appropriately/69520262007/

Lumber Prices Fall Back to Around Their Pre-Covid Levels
    interest rates taken an ax to one of pandemic's hottest commodities
https://www.wsj.com/articles/lumber-prices-fall-back-to-around-their-pre-covid-levels-11664239652?st=rewtr6a6m0p6ir9&reflink=desktopwebshare_permalink

 

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All 50 states get green light to build EV charging
stations covering 75,000 miles of highway
https://www.cnbc.com/2022/09/27/ev-charging-stations-on-highways-dot-approves-50-states-plans.html

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Sports Briefs---

The Patriots might need a quarterback.
     Here are a few alternatives to Mac Jones.
https://www.boston.com/sports/new-england-patriots/2022/09/27/the-patriots-might-need-a-quarterback-here-are-a-few-alternatives-to-mac-jones/

Dak Prescott aims to return for Dallas Cowboys'
showdown vs. Los Angeles Rams in Week 5
https://www.usatoday.com/story/sports/nfl/cowboys/2022/09/26/dak-prescott-eyes-week-5-return-cowboys-rams-game/10437907002/

2022 B/R NFL Power Rankings: Where Does
Every Team Stand Entering Week 4?
https://bleacherreport.com/articles/10050098-2022-br-nfl-power-rankings-where-does-every-team-stand-entering-week-4

Kurtenbach: 49ers Stock Report — who’s up,
who’s down after embarrassing loss to Denver
https://www.mercurynews.com/2022/09/27/kurtenbach-49ers-stock-report-whos-up-whos-down-after-embarrassing-loss-to-denver/

NFL players tackle housing issues when joining teams
https://www.pressdemocrat.com/article/sports/nfl-players-tackle-housing-issues-when-joining-teams/

US men’s World Cup worries grow
after 0-0 draw in last tune-up
https://www.pressdemocrat.com/article/sports/us-mens-world-cup-worries-grow-after-0-0-draw-in-last-tuneup/

[headlines]
--------------------------------------------------------------

California Nuts Briefs---

1,000 SFO restaurant workers go on strike
https://www.sfgate.com/news/article/sfo-restaurant-workers-go-on-strike-breaking-news-17463252.php

Why the next big Bay Area earthquake could happen
on a fault many don't even know exists
https://www.sfchronicle.com/bayarea/article/earthquake-fault-silicon-valley-17468673.php

They Operate Thousands of San Francisco Apartments.
Who is the Landlord?
https://www.sfchronicle.com/projects/2022/veritas-san-francisco-landlord/

[headlines]
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"Gimme that wine"

Wine of the week: Olema, 2019
    Cabernet Sauvignon, Sonoma County
https://www.pressdemocrat.com/article/lifestyle/wine-of-the-week-olema-2019-cabernet-sauvignon-sonoma-county/

Champagne Enjoys a Blissful Vintage
https://www.wine-searcher.com/m/2022/09/champagne-enjoys-a-blissful-vintage

Sonoma's Best Chef Is Hosting the Wine Country
Trip of a Lifetime; $45,000 a Head, Limited to 10 Guests
https://www.foodandwine.com/travel/singlethread-sonoma-paragon-trips

What You Need to Know About the New West Coast AVAs
https://daily.sevenfifty.com/what-you-need-to-know-about-the-new-west-coast-avas/

“Gimme that Wine”
http://www.youtube.com/watch?v=EJnQoi8DSE8

Free Wine App
https://www.nataliemaclean.com/mobileapp/

Wine Prices by vintage
http://www.winezap.com
http://www.wine-searcher.com/

US/International Wine Events
http://www.localwineevents.com/

This Day in History

      1542 - California is discovered by Portuguese navigator Juan Rodriguez Cabrillo who reached San Diego Bay. His birth date is unknown but is generally recognized as 1499. The Cabrillo National Monument marks his landfall and Cabrillo Day is still observed in California (in some areas on the Saturday nearest Sept 28). Cabrillo left Navidad, Mexico on June 27, and landed at what is now known as Ballast Point, San Diego, CA. He continued his explorations and discovered Santa Catalina Island, San Pedro Bay, the Santa Barbara Channel, San Francisco Bay, and other West Coast landmarks. Other Europeans had encountered the Pacific Ocean previously, including Vasco Nunez de Balboa, who had laid eyes on the Pacific in 1513, and Ferdinand Magellan, who had sailed across the Pacific in 1520-21 during the first circumnavigation of the world. Like many other explorers, he sailed by the entrance to the San Francisco Bay, which was shrouded in fog. Cabrillo died at San Miguel Island, CA, Jan 3, 1543, from an accident on a rock that infected him with gregarine.
https://en.wikipedia.org/wiki/Juan_Rodr%C3%ADguez_Cabrillo
    1781 - American forces in the Revolutionary War, backed by a French fleet, began their siege of Yorktown Heights, Va.
    1787 - The newly completed US Constitution was approved by Congress to be sent to the state legislatures to be ratified.
    1836 – The first of 3 early snows for the year hit the northeast.  Hamilton, NY had 4 inches and Ashby, MA had 2 inches.
    1839 – Birthday of Frances Elizabeth Caroline Willard (d. 1898), Churchville, NY.  She was one of the best-known and most influential women of the 19th century.  Known for her temperance and suffrage work, she was also influential in education.   She was one of the first women to become an administrator of a major university when she was made dean of women for Northwestern University’s Women’s College. 
    1850 – Brigham Young, Mormon leader, was named first governor of the territory of Utah by Pres. Fillmore.
    1856 – Kate Douglas Wiggin (d. 1923) was born at Philadelphia, PA. She helped organize the first free kindergarten on the West Coast in 1878 at San Francisco and, in 1880, she and her sister established the California Kindergarten Training School. After moving back to the east coast, she devoted herself to writing, producing a number of children’s books including “The Birds’ Christmas Carol”, “Polly Oliver’s Problem” and “Rebecca of Sunnybrook Farm”.
    1867 – Toronto becomes the capital of Ontario
http://www.lonelyplanet.com/destinations/north_america/toronto/history.htm
http://www.city.toronto.on.ca/archives/index.htm#more
http://www.blackhole.on.ca/index_history.html
    1886 – The Statue of Liberty was dedicated in New York Harbor and women were barred from the ceremony because of concerns of over- crowding and rough for the ladies.  But a group of women chartered a boat and circled the island singing and shouting women’s rights messages.
    1892 – The first night game in US football took place between Wyoming Seminary and Mansfield State Normal.
    1895 - At a convention in Atlanta, three Baptist groups merged to form the National Baptist Convention. It is today the largest African-American denomination in America and the world.
    1901 - Birthday of Ed Sullivan (d. 1974) in NYC: A well-known columnist, who lived in Port Chester, New York, and, in his day, was the King of TV variety shows.  Sullivan started his media career in 1932 as a sportswriter for the Daily News in New York. His popular variety show, “The Ed Sullivan Show” (“Toast of the Town”), ran from 1948 until 1971. It included such sensational first time public appearances from such stars as Elvis Presley and the Beatles. It is fair to say that in his day, he owned New York.
    1901 – William S. Paley (d. 1990), the founder of CBS, was born in Chicago.  Paley's father was an immigrant who ran a cigar company. As the company became increasingly successful, Paley became a millionaire, and moved his family to Philadelphia in the early 1920s.  William had graduated from the Wharton School of the University of Pennsylvania.  In 1927, Paley's father, brother-in-law and some business partners bought a struggling Philadelphia-based radio network of 16 stations called the Columbia Phonographic Broadcasting System.  The intention was to use his acquisition as an advertising medium for promoting the family's cigar business. Within a year, under William's leadership, cigar sales had more than doubled, and, in 1928, the Paley family secured majority ownership of the network from their partners. Within a decade, William S. Paley had expanded the network to 114 affiliate stations.  During World War II, Paley served in the Office of War Information, under General Eisenhower. It was while based in London during the war when Paley came to know and befriend Edward R. Murrow, CBS's head of European news. In 1946, Paley promoted Frank Stanton to president of CBS. CBS expanded into TV and rode the post-war boom to surpass NBC.
    1909 – Cartoonist Al Capp (d. 1979) was born Alfred Gerald Caplin in New Haven, CT.  He is best known for the satirical strip “Li’L Abner”.
    1912 - W.C. Handy's “Memphis Blues” is published, changing the course of American popular music.
http://memory.loc.gov/ammem/today/sep28.html
    1918 - MILLER, OSCAR F., Medal of Honor
Rank and organization: Major, U.S. Army, 361st Infantry, 91st Division. Place and date: Near Gesnes, France, 28 September 1918. Entered service at: Los Angeles, Calif. Birth: Franklin County, Ark. G.O. No.: 16, W.D. 1919. Citation: After 2 days of intense physical and mental strain, during which Maj. Miller had led his battalion in the front line of the advance through the forest of Argonne, the enemy was met in a prepared position south of Gesnes. Though almost exhausted, he energetically reorganized his battalion and ordered an attack. Upon reaching open ground the advancing line began to waver in the face of machinegun fire from the front and flanks and direct artillery fire. Personally leading his command group forward between his front-line companies, Maj. Miller inspired his men by his personal courage, and they again pressed on toward the hostile position. As this officer led the renewed attack he was shot in the right leg, but he nevertheless staggered forward at the head of his command. Soon afterwards he was again shot in the right arm, but he continued the charge, personally cheering his troops on through the heavy machinegun fire. Just before the objective was reached he received a wound in the abdomen, which forced him to the ground, but he continued to urge his men on, telling them to push on to the next ridge and leave him where he lay. He died from his wounds a few days later.
    1918 - SCHAFFNER, DWITE H., Medal of Honor
Rank and organization: First Lieutenant, U.S. Army, 306th Infantry, 77th Division. Place and date: Near St. Hubert's Pavillion, Boureuilles, France, 28 September 1918. Entered service at: Falls Creek, Pa. Birth: Arroya, Pa. G.O. No.: 15, W.D., 1923. Citation: He led his men in an attack on St. Hubert's Pavillion through terrific enemy machinegun, rifle, and artillery fire and drove the enemy from a strongly held entrenched position after hand-to-hand fighting. His bravery and contempt for danger inspired his men, enabling them to hold fast in the face of 3 determined enemy counterattacks. His company's position being exposed to enemy fire from both flanks, he made 3 efforts to locate an enemy machinegun which had caused heavy casualties. On his third reconnaissance he discovered the gun position and personally silenced the gun, killing or wounding the crew. The third counterattack made by the enemy was initiated by the appearance of a small detachment in advance of the enemy attacking wave. When almost within reach of the American front line the enemy appeared behind them, attacking vigorously with pistols, rifles, and hand grenades, causing heavy casualties in the American platoon. 1st Lt. Schaffner mounted the parapet of the trench and used his pistol and grenades killing a number of enemy soldiers, finally reaching the enemy officer leading the attacking forces, a captain, shooting and mortally wounding the latter with his pistol, and dragging the captured officer back to the company's trench, securing from him valuable information as to the enemy's strength and position. The information enabled 1st Lt. Schaffner to maintain for S hours the advanced position of his company despite the fact that it was surrounded on 3 sides by strong enemy forces. The undaunted bravery, gallant soldierly conduct, and leadership displayed by 1st Lt. Schaffner undoubtedly saved the survivors of the company from death or capture.
    1918 - STOWERS, FREDDIE, Medal of Honor
Corporal Stowers, a native of Anderson County, South Carolina, distinguished himself by exceptional heroism on 28 September 1918, while serving as a squad leader in Company C, 371st Infantry Regiment, 93rd Infantry Division. His company was the lead company during the attack on Hill 188, Champagne Marne Sector, France, during World War I. A few minutes after the attack began, the enemy ceased firing and began climbing up onto the parapets of the trenches, holding up their arms as if wishing to surrender. The enemy's actions caused the American forces to cease fire and to come out into the open. As the company started forward and when within about 100 meters of the trench line, the enemy jumped back into their trenches and greeted Corporal Stowers' company with interlocking bands of machine gun fire and mortar fire causing well over fifty percent casualties. Faced with incredible enemy resistance, Corporal Stowers took charge, setting such a courageous example of personal bravery and leadership that he inspired his men to follow him in the attack. With extraordinary heroism and complete disregard of personal danger under devastating fire, he crawled forward leading his squad toward an enemy machine gun nest, which was causing heavy casualties to his company. After fierce fighting, the machine gun position was destroyed and the enemy soldiers were killed. Displaying great courage and intrepidity, Corporal Stowers continued to press the attack against a determined enemy. While crawling forward and urging his men to continue the attack on a second trench line, he was gravely wounded by machine gun fire. Although, Corporal Stowers was mortally wounded, he pressed forward, urging on the members of his squad, until he died. Inspired by the heroism and display of bravery of Corporal Stowers, his company continued the attack against incredible odds, contributing to the capture of Hill 188 and causing heavy enemy casualties. Corporal Stowers' conspicuous gallantry, extraordinary heroism and supreme devotion to his men were well above and beyond the call of duty, follow the finest traditions of military service and reflect the utmost credit on him and the United States Army.
    1920 - Eight members of the 1919 Chicago White Sox were indicted by a grand jury in Chicago on charges that they conspired to fix the 1919 World Series and allowed the Cincinnati Reds to win. According to Wikipedia, on this day, Eddie Cicotte and Shoeless Joe Jackson confessed their participation in the scheme to the grand jury. White Sox owner Charles Comiskey immediately suspended the eight. They were acquitted, but were nevertheless banned from baseball for life by the new and first Commissioner of Baseball, Kennesaw Mountain Landis.
    1928 - Glen Gray's orchestra recorded “Under a Blanket of Blue”, with Kenny Sargeant on vocals.
    1930 - Lou Gehrig's errorless streak ends at 885 consecutive baseball games. The winning pitcher is Babe Ruth, beating the Red Sox 9-3.
    1934 - Birthday of French sex symbol Brigitte Bardot, born Camille Javal, Paris, France.
http://www.triviatribute.com/brigittebardot.html
http://www.jon-aristides.com/brigitte.html
http://www.silverscreensirens.com/brigitte.htm
    1937 - President Franklin D. Roosevelt dedicates Bonneville Dam on Columbia River,  Oregon.
http://www.ohwy.com/or/b/bonnedam.htm
http://www.cqs.washington.edu/crisp/hydro/bon.html
    1938 – Birthday of Ben E. King (d. 2012) born Benjamin Earl Nelson, Singer, songwriter, Henderson, NC.
    1939 - America's most noted woman pilot, Jacqueline Cochran, wrote Eleanor Roosevelt to suggest women pilots could release American men pilots for combat duty in the war that was certainly coming. It would take until July 2, 1941 for a meeting to be scheduled between them.  Mrs. Roosevelt then asked President Franklin Roosevelt to join the discussion. The President agreed to Cochran's plan but politics would hold up implementation of the WASP program for another year.
    1941 - Ted Williams of the Boston Red Sox, starting the day with a batting average of .3995, went six-for-eight in a doubleheader against the Philadelphia Athletics to finish the season with a batting average of .406.   This is the last time a Major Leaguer finished the season with a batting average above .400.  Williams rejected manager Joe Cronin's suggestion to sit out the day and have his average rounded up to .400. He went four-for-five in the first game to raise his average to .4040 and got two hits in three at-bats in the nightcap. This remains the last time anyone hit over .400 for the season.
    1942 - BAUER, HAROLD WILLIAM, Medal of Honor
Rank and organization: Lieutenant Colonel, U.S. Marine Corps. Born: 20 November, 1908. Woodruff, Kans. Appointed from: Nebraska. Citation: For extraordinary heroism and conspicuous courage as Squadron Commander of Marine Fighting Squadron 212 in the South Pacific Area during the period 10 May to 14 November 1942. Volunteering to pilot a fighter plane in defense of our positions on Guadalcanal, Lt. Col. Bauer participated in 2 air battles against enemy bombers and fighters outnumbering our force more than 2 to 1, boldly engaged the enemy and destroyed 1 Japanese bomber in the engagement of 28 September and shot down 4 enemy fighter planes in flames on 3 October, leaving a fifth smoking badly. After successfully leading 26 planes on an over-water ferry flight of more than 600 miles on 16 October, Lt. Col. Bauer, while circling to land, sighted a squadron of enemy planes attacking the U.S.S. McFarland. Undaunted by the formidable opposition and with valor above and beyond the call of duty, he engaged the entire squadron and, although alone and his fuel supply nearly exhausted, fought his plane so brilliantly that 4 of the Japanese planes were destroyed before he was forced down by lack of fuel. His intrepid fighting spirit and distinctive ability as a leader and an airman, exemplified in his splendid record of combat achievement, were vital factors in the successful operations in the South Pacific Area.
    1944 - ROEDER, ROBERT E., Medal of Honor
Rank and organization: Captain, U.S. Army, Company G, 350th Infantry, 88th Infantry Division. Place and date: Mt. Battaglia, Italy, 27-28 September 1944. Entered service at: Summit Station, Pa. Birth: Summit Station, Pa. G.O. No.: 31, 17 April 1945. Citation: for conspicuous gallantry and intrepidity at risk of life above and beyond the call of duty. Capt. Roeder commanded his company in defense of the strategic Mount Battaglia. Shortly after the company had occupied the hill, the Germans launched the first of a series of determined counterattacks to regain this dominating height. Completely exposed to ceaseless enemy artillery and small-arms fire, Capt. Roeder constantly circulated among his men, encouraging them and directing their defense against the persistent enemy. During the sixth counterattack, the enemy, by using flamethrowers and taking advantage of the fog, succeeded in overrunning the position Capt. Roeder led his men in a fierce battle at close quarters, to repulse the attack with heavy losses to the Germans. The following morning, while the company was engaged in repulsing an enemy counterattack in force, Capt. Roeder was seriously wounded and rendered unconscious by shell fragments. He was carried to the company command post, where he regained consciousness. Refusing medical treatment, he insisted on rejoining his men although in a weakened condition, Capt. Roeder dragged himself to the door of the command post and, picking up a rifle, braced himself in a sitting position. He began firing his weapon, shouted words of encouragement, and issued orders to his men. He personally killed 2 Germans before he himself was killed instantly by an exploding shell. Through Capt. Roeder's able and intrepid leadership his men held Mount Battaglia against the aggressive and fanatical enemy attempts to retake this important and strategic height. His valorous performance is exemplary of the fighting spirit of the U.S. Army.
    1945 - Robert Todd Duncan (1903-98), a baritone of Washington, DC, became the first African-American opera singer to sing a white role with a white cast, appearing as Tonio in “I Pagliacci,” and then as Escamillo in “Carmen” on September 30 in the New York City Opera Company's presentation at the City Center of Music and Drama, New York City.
    1951 – The Yankees’ Allie Reynolds pitched his second no-hitter of the season, blanking the Red Sox, 8-0.  In the second game of the doubleheader, the Yanks clinched the AL pennant, their third in a row.
    1951 – CBS launches the first color TVs for sale to the general public, but the product is discontinued less than a month later.
    1954 – Birthday of Steve Largent, Tulsa, OK.  Hall of Fame wide receiver for the Seattle Seahawks, in a stellar 14-year career, he retired with many if not most of the NFL’s receiving records that were obliterated later by Jerry Rice.  Following his NFL career, Largent served in the House for Oklahoma, from 1994 until 2002.  Largent became President and CEO of CTIA-The Wireless Association in November 2003 and served until May 2014. CTIA is an international nonprofit membership organization founded in 1984, representing all sectors of wireless communications: cellular, personal communication services, and enhanced specialized mobile radio.
    1954 - Top Hits
“Sh-Boom” - The Crew Cuts
“Hey There” - Rosemary Clooney
“Shake, Rattle and Roll” - Bill Haley & His Comets
“I Don't Hurt Anymore” - Hank Snow
    1958 - "To Know Him Is To Love Him" by the Teddy Bears, composed and arranged by 18-year-old Phil Spector is released on Dore Records. The title is taken from the inscription on Spector's father's tombstone. The song makes it up to Number One by the end of the year.  Spector also sang the song with the other Teddy Bears, Marshall Loeb and Annette Kleinbard.
    1958 - With 7 hits in his last 11 at-bats, Red Sox outfielder Ted Williams wins his sixth and final batting title, becoming the first 40-year old to lead the league in hitting. The Splendid Splinter's .328 batting average beats out his teammate Pete Runnels, who goes 0-for-4 today and ends up with .322.
    1961 - “Hazel” premiered on TV, based on a comic strip of the same name about a maid working for the Baxter family who gets into everyone's business. Hazel was played by Shirley Booth, and the Baxters were played by Don DeFore, Whitney Blake and Bobby Buntrock. “Hazel” moved from NBC to CBS after the third season and Hazel switched families from George to younger brother, Steve Baxter. These Baxters were played by Ray Fulmer, Lynn Borden and Julia Benjamin. Buntrock and Booth remained. This very successful series also featured Maia Powers and Ann Jillian.
    1961 - On NBC, Richard Chamberlain sang the top-10 hit song "Theme from Dr. Kildare (Three Stars Will Shine Tonight)," and played the part of the handsome, young doctor on NBC. Raymond Massey co-starred in the medi-drama. A year into the show's run, Chamberlain's "Theme from Dr. Kildare" became a hit. On MGM, he also sang "Love Me Tender" and "All I Have to Do is Dream" in 1962 and 1963.
    1961 - A military coup effectively ends the United Arab Republic, the union between Egypt and Syria.
    1962 – US Circuit Court of Appeals orders James Meredith admitted to U of Mississippi.
http://www.olemiss.edu/depts/english/ms-writers/dir/meredith_james/
    1962 - Top Hits
“Sheila” - Tommy Roe
“Ramblin' Rose” - Nat King Cole
“Green Onions” - Booker T. & The MG's
“Devil Woman” - Marty Robbins
    1963 - The legendary New York disc jockey Murray The K receives a copy of The Beatles' "She Loves You" and plays it on the radio. It is believed to be the first Beatles song ever played in the U.S,
    1963 - The Beach Boys' "Little Deuce Coupe" peaks at #15 on the singles chart.
    1968 - The Beatles' "Hey Jude" hits #1 on the singles chart, a position it will hold for 9 weeks. At 7 minutes 11 seconds, it was the longest song ever to hit the Billboard Hot 100 chart, an honor it held until Richard Harris' "MacArthur Park" in 1972 clocked in at 7:20.
    1970 - Top Hits
“Ain't No Mountain High Enough” - Diana Ross
“Lookin' Out My Back Door/Long as I Can See the Light” - Creedence Clearwater Revival
“Julie, Do Ya Love Me” - Bobby Sherman
“There Must Be More to Love Than This” - Jerry Lee Lewis
    1970 - Eric Burdon and War are awarded a Gold record for "Spill the Wine".
    1973 - The Rolling Stones appear on the premiere of Don Kirschner's Rock Concert on ABC, performing "It's Only Rock N' Roll (But I Like It)," marking their first appearance on US television in six years.
    1974 - "Rock Me Gently" by Andy Kim topped the charts and stayed there for a week.
    1974 - Bad Company's self-titled LP hits #1
    1974 – Nolan Ryan of the California Angels pitched his third of seven career no-hitters, striking out 15 and beating the Minnesota Twins, 4-0, in Anaheim.
    1975 - For the first time in Major League history, four pitchers combined on a no-hitter when Vida Blue, Glenn Abbott, Paul Lindblad, and Rollie Fingers of the Oakland A’s blanked the Angels, 5-0, on the final day of the season.
    1976 - World heavyweight boxing champion Muhammad Ali won a unanimous 15-round decision over Ken Norton at Madison Square Garden in New York City.
    1978 - Top Hits
“Boogie Oogie Oogie” - A Taste of Honey
“Kiss You All Over” - Exile
“Hopelessly Devoted to You” - Olivia Newton-John
“I've Always Been Crazy” - Waylon Jennings
    1982 - Poisoning of store merchandise, the first of its kind to have resulted in numerous deaths, took place in and around Chicago, IL.  In a three-day period form September 29 to October 1, 1982, several people died after taking Tylenol, a brand of acetaminophen, which they had bought at local drugstores and supermarkets. A murder who was never apprehended had removed the bottles from store shelves, opened them, added cyanide to the capsules of Tylenol, and replaced them in the stores. The poisonings led to the introduction of wraps and seals on all pharmaceutical products and many other products as well.
    1985 - Phil Collins' "Don't Lose My Number" peaks at #4 on the singles chart.
    1986 - Top Hits
“Stuck with You” - Huey Lewis & The News
“Friends and Lovers” - Gloria Loring & Carl Anderson
“Walk This Way” - Run-D.M.C.
“In Love” - Ronnie Milsap
    1988 – Orel Hershiser of the Dodgers threw ten shutout innings against the San Diego Padres, extending his streak of scoreless innings to 59 and breaking the record set by Don Drysdale in 1968.
    1988 - The first American women to ascent Mount Everest were Stacy Allison of the Northwest American Everest Expedition and Peggy Luce, was who part of the same expedition, who completed her ascent two days later. Both used the South Col route.
    1989 - Jimmy Buffett publishes a book of short stories entitled, "Tales from Margaritaville."
    1989 - Thunderstorms over northeastern Florida drenched Jacksonville with 4.28 inches of rain between midnight and 6 AM EDT. Unseasonably cool weather prevailed in the northeastern U.S. Five cities reported record low temperatures for the date, including Binghamton, NY with a reading of 30 degrees. Morning lows were in the 20s in northern New England. Unseasonably mild weather prevailed in the northwestern U.S., with afternoon highs in the upper 70s and 80s. In Oregon, Astoria reported a record high of 83 degrees
    1991 - R.E.M.'s "Shiny Happy People" peaks at #10 on the singles chart.
    1991 - Dire Straits' "On Every Street" enters the LP chart.
    1991 - "Good Vibrations" by Marky Mark & the Funky Bunch topped the charts and stayed there for 2 weeks.
    1991 - Garth Brooks becomes the first Country artist to enter the Billboard Hot 200 album chart at number one. His "Ropin' the Wind", a collection of Pop and Country tunes, had advance orders of over 4 million copies.
    1995 – Greg Harris of the Montreal Expos became the first pitcher to pitch with both hands in the 20th century. He faced four batters, two from his usual right side and two from the left, in the 9th inning of a 9-7 loss to Cincinnati.
    2001 - In the first home game at Wrigley since the terrorist attacks on America, Sammy Sosa, after hitting his 59th home run of the season, pulls out a small American flag and waves it as he circles the bases. After scoring and making a curtain call from the dugout, the Cub slugger continues to wave Old Glory.
    2001 - On a night he hits his 68th round tripper of the season in quest of Mark McGwire's single season home run record, Barry Bonds is walked for the 163rd time breaking 'Big Mac's' 1998 National League record for bases on balls. The Major League record of 170 walks held by Babe Ruth was broken later that year by Bonds who finished with 177.  Bonds also set the MLB HR record, finishing with 73.
    2003 - Ron Santo, the team's radio color commentator joins Hall of Famers Ernie Banks and Billy Williams becoming third player to have his number retired by the Cubs. The former third baseman, who spent 14 of his 15-year career with the Chicago (1960-73), will have his uniform #10 below Ernie Banks' on the left-field foul pole.
    2003 – Derek Jeter was named by owner George Steinbrenner to be the 11th captain in Yankees history.
    2004 - A Beverly Hills tribute concert in honor of Ray Charles, featuring Stevie Wonder, Michael McDonald, James Ingram, and Patti Austin, raises $15 million for Atlanta's African-American institution, Morehouse College.
    2008 – The New York Metropolitans closed out the Shea Stadium era with a 4-2 loss to the Florida Marlins.
    2012 – Homer Bailey of the Reds pitched the seventh no-hitter of the season, beating the Pirates, 1-0. The seven no-hitters this year tie the modern record set in 1990 and 1991.
    2014 - For the second straight season, a pitcher tossed a no-hitter on the last day of the regular season. After Henderson Alvarez last year, Jordan Zimmerman did the trick as the Washington Nationals beat Miami, 1-0, after rookie left fielder Stephen Souza made a leaping catch to rob the last hitter and preserve the no-no.  It was the first no-hitter in Nats history, although they recorded four such games when they were the Montreal Expos.