Overview

Practice Areas

Litigation  •  

Robert Hornby serves as Chair of the CSG Law Equipment Leasing & Asset Based Lending Team representing national and regional banks and independent finance companies throughout the country in all aspects of equipment leasing and finance, as well as other asset-based lending. He regularly counsels clients on a wide range of legal matters unique to the equipment finance industry, including drafting master lease and loan documentation, lien priority and security interest issues (including those relating to the Article 9 of the UCC), facilitating portfolio sales and assignments, and enforcing lessors’ and securing creditors’ rights. His experience covers a large array of assets, including construction equipment, healthcare equipment, automobiles (including TRAC leases), technology and solar equipment, railcars/locomotives, and software. He also advises clients on relevant regulatory and compliance issues impacting their businesses at both the state and federal level, such as state lender/lease licensing requirements and the newly enacted state truth-in-lending disclosure laws. In addition, Robert is an experienced litigator and serves as trial counsel in equipment finances disputes in New York and New Jersey state and federal courts, including in bankruptcy matters. This includes enforcing and collecting on leases, loans, and EFAs and the repossession/replevin of equipment and other assets.

A thought leader in his field, Robert co-authored Secured Transactions for The Practitioner: How to Properly Perfect Your Personal Property Lien and Assure Priority – a guide well-respected within the equipment finance community – and regularly publishes and speaks about key issues in the equipment finance industry. He is honored to serve as the current President of the National Equipment Finance Association (NEFA) and was named “NEFA Member of the Year” in 2020. He is also a member of the Equipment Leasing and Finance Association (ELFA) Legal Committee and the ELFA Legislative & Regulatory Subcommittee. Most recently, he was appointed to the Steering Committee for the Lease Enforcement Attorney Network (LEAN).

He received his law degree, cum laude, from Seton Hall University School of Law, and his undergraduate degree, cum laude, from the University of Arizona. He served as a judicial law clerk to the Honorable David S. Baime, PJAD (ret.) in the New Jersey Appellate Division.

Prior to joining the firm, Robert was an associate at Edwards Angell Palmer & Dodge LLP.


Honors

  • Recipient, National Equipment Finance Association, Chris Walker Memorial Member of the Year Award (2020)
  • Included in New Jersey Law Journal, New Leaders of the Bar (2012)

Award Methodology
*No aspect of this advertisement has been approved by the Supreme Court of New Jersey.


Involvement

  • Equipment Leasing and Finance Association, Legal Committee
  • National Equipment Finance Association, Past Vice President; Board President (2023-2024)
  • American Bar Association
  • Essex County Bar Association
  • Lease Enforcement Attorney Network (LEAN), Steering Committee
  • New Jersey State Bar Association
  • New York State Bar Association
  • Union County Bar Association
  • Commercial Finance Association, New Jersey Chapter
  • International Factoring Association, Northeast Chapter
  • Cookies for Kids’ Cancer, Co-Chair

Education

  • Seton Hall University School of Law (J.D., cum laude)
  • University of Arizona (B.A., cum laude)

Admissions

  • New Jersey
  • New York
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York

Overview

  • Negotiated and closed a $30 million dollar financing involving the purchase and global delivery of tens of thousands of technology assets. The unique structure of the transaction, which is on the cutting-edge of equipment finance, involves the financing of a device as a service (“DaaS”) platform. Robert created the complex set of transactional documents which will now serve as a template in the industry for the future funding of DaaS transactions worldwide.
  • Represented a prominent national bank at trial relating to the enforcement of an equipment finance agreement, successfully obtaining a directed verdict and judgment enforcing the equipment finance agreement and related personal guaranty.
  • Successfully argued at the New Jersey Appellate Division to uphold judgment that enforced an equipment lease agreement and granted the lender all fees and costs, including attorneys’ fees, relating to the collection.
  • Represented one of New York’s largest banks in a regulatory matter resulting in a change to the state’s regulations which benefited both bank and non-bank lenders in the equipment finance industry.
  • Successfully obtained judgment in excess of one million dollars after trial for a national solar and energy-development company to enforce a power purchase agreement relating to New York’s largest roof top solar array.
  • Represents major financial institutions in various foreclosure and workout actions and in drafting their master equipment lease and financing documents.
  • Developed, implemented and managed a subpoena compliance program for the nation’s largest VOIP service provider.

*Results may vary depending on your particular facts and legal circumstances.

Newsroom

Event

NEFA 2023 Funding Symposium: Hold on to Your Cowboy Hat, Section 1071 Is Coming. Are You Ready?

October 3-6, 2023