Features
A Strategic Guide for Lenders to Navigate Anticipated Distressed Loan Fallout
The steps outlined in this article offer a strategic guide for lenders, empowering them to navigate the complexities of loan workouts and enforcement actions with resilience and foresight.
Features
Interest Rates Are 2024's Biggest Unknown
The Federal Reserve stands at a pivotal juncture as it deliberates on its interest rate policy for 2024. In the wake of tumultuous economic shifts brought about by the pandemic, the Fed faces the delicate task of balancing robust economic recovery against inflationary pressures that appear to be subsiding.
Features
The Great Pandemic Heist: PPP Loan Fraud
In the COVID-19 era, there has been a heist of great value, but it has not gone undetected. Prosecutors have called the heist the largest fraud in U.S. history, with the thieves stealing hundreds of billions of dollars in taxpayer money through fraudulently obtained Paycheck Protection Program (PPP) loans.
Features
Court-Based Student Loan Management Programs Can Facilitate Repayment of Debt Under Chapter 13
While bankruptcy traditionally has been seen as a challenging pathway for debtors with student loans, court-based student loan management programs have been adopted to facilitate the repayment and resolution of student loan debt within the Chapter 13 bankruptcy process.
Features
Private Student Loan Debt and the Exception to Discharge As Viewed Through the Eyes of the Circuit Courts
A summary of the factors that courts have considered and will likely continue to consider when addressing dischargeability of private student loans under subsection 523(a)(8)(A)(ii) of the Bankruptcy Code, and a cautionary word for practitioners considering whether to put forth an argument to the contrary.
Features
Smoke & Mirrors: The New York Cannabis Law's Illusory Lease Mandate
New York's recently enacted cannabis law, the Marijuana Regulation and Taxation of 2021 (MRTA), created a maze of new legal requirements. These provisions affect not only cannabis companies, but also the companies that conduct business with them.
Features
COVID-19: Economic Stimulus and SBA Loans
A summary of information on the various provisions under the new federal economic stimulus package.
Features
Real Estate Loan Workout: Exchange of Enhancements for Concessions
As a result of the coronavirus pandemic, a property owner might reach out to its lender for urgent, needed debt relief. The lender, which strives for a performing asset, an on-going relationship with its customer makes concessions. In exchange for these concessions, the lender should obtain credit and legal enhancements., which should also enable the lender to make concessions that are more meaningful to the property owner, its investors, its tenants and its business.
Features
New York's Cyber Regulation Two Years Later: We've Only Just Begun
<b><i>The Conclusion of the “Transitional Period” for New York's Cybersecurity Regulation Marks the Beginning, Rather Than the End, of an Organization's Compliance Efforts</b></i><p> Financial institutions will have to certify annually that their internal controls and cybersecurity practices remain up to snuff. And now that the transitional periods for implementing the cyber regulation have passed, covered institutions will need to certify that they have complied with each provision.
Features
Big Law's Trojan Horse: Are the Big Four Preparing an Invasion?
<b><i>Law Firms Partner With the Big Four to Serve Their Clients, But the Accountants Pose an Existential Threat. What Will Happen If — or When — They Turn Competitive?</b></i><p>For law firm leaders, rank-and-file partners and everyone else in the law firm ecosystem, the Big Four shouldn't be a laughing matter. They are serious about selling legal services, and clients are listening.
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- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
- 'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate PurchasersIn June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.Read More ›
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- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›