Barry S. Marks

Attorney

Birmingham

205-422-8296

bmarks@messerlikramer.com

Assistant: Jamie Baumgart

612-672-3619

Profile

Barry Marks has focused his practice on this unique area of law since 1976. He has real-world experience representing parties looking to finance virtually every type of equipment in the small ticket, middle market, and large ticket segments of the industry.

He is well versed in all commonly used financing structures, having worked extensively on structuring, negotiating, and documenting everything from single investor and leveraged leases, leases intended as security, and equipment finance agreements to straight lending transactions.

Barry founded his own practice in 2006 after many years with one of the nation’s largest law firms. He represented both established and start-up clients involved in billions of dollars of equipment financings before joining Messerli Kramer in 2021 as an active member of our Equipment Leasing & Finance group.

Representative Experience
  • Represented a medical facility acquiring CT scanning equipment using per-click financing.
  • Represented a trucking firm looking to offer a creative structure for owner/operator drivers to lease trucks.
  • Represented a municipal, tax-exempt lessee in acquisition of fire engines.
  • Prepared forms and policies for startup or growing small ticket, large ticket and middle market leasing companies and banks
  • Negotiated and closed leases of rail cars and infrastructure in France, Germany, Austria and Italy
  • Negotiated, drafted and closed leasing facility for Fortune 100 lessee
  • Prepared syndications forms and closed fundings for originators, lenders and buyers
Publications & Presentations

Publications

  • Co-author – “Equipment Leasing – Leveraged Leasing” Treatise – Practicing Law Institute
  • Co-Author – “Equipment Leasing” Treatise – Matthew Bender Elite Products
  • Co-Author – “Power Tools for Successful Leasing” – Leasing Power Tools Press, November 2000
  • Co-Author – Technology Leasing: A Lessee Toolkit – Leasing Power Tools Press, January 2002
  • Co-Author – Power Tools for Small Ticket Leasing – Leasing Power Tools Press, September 2004
Professional & Community

Admissions

  • Alabama
  • Florida
  • Georgia

Certifications

  • Certified Lease Professional

Associations

  • National Association of Equipment Leasing Brokers, Director Emeritus and Counsel
  • Legal Committee of the Equipment Leasing and Finance Association, Past member
  • Alabama State Bar, Member
  • Florida Bar Association, Member
  • The Georgia Bar, Member
Honors & Distinctions
  • Edward A. Groobert Award for Legal Excellence , Equipment Leasing & Finance Association, 2017
  • Board of editors – Journal of Equipment Lease and Financing
  • Board of Editors – LJN (formerly Leader’s Equipment Leasing Newsletter)
  • Bill Granieri Award for Education in Equipment Leasing, National Association of Equipment Lessors, 1999
  • Recognized Lawyer, The Best Lawyers in America®, 2005-2021
  • Super Lawyer, Alabama Super Lawyers®, 2009-2014, 2017-2021
  • Martindale-Hubbell® AV Preeminent® For Ethical Standards and Legal Ability