13 Nov, 2024 The CTA Filing Deadline is Approaching. Is Your BOIR Filed Yet? By Vaishali Goyal Gary Ronan The clock is ticking—just 49 days remain until the one-year filing deadline for the Corporate Transparency Act (CTA)! Entities...
17 Sep, 2024 Lender Liability Claim Results in Sanctions Against Borrower’s Counsel By Charles Jacob III Jaclyn Grodin A creative attempt by a borrower to forestall foreclosure and recover damages against its lender ended badly for the borrower, with the...
16 Sep, 2024 Navigating Lender Liability Complexities & Minimizing Risk By Zev Gewurz Jaclyn Grodin Charles Jacob III Douglas Rosner Adam Safer Eric Seltzer +3 more... Show less As lenders and borrowers try to get creative in working through ongoing distress in the real estate market, especially in certain asset...
13 Sep, 2024 How to Win at Restructuring in the Gilded Age of Private Credit By Timothy John Carter When broadly syndicated bank loans dominated debt finance, law firms without deep-rooted connections with the banks issuing those loans...
24 Jul, 2024 Is It Me? When CRE Loans Get Personal By Douglas Rosner Timothy John Carter Jonathan Hayden Paige Marshall Elijah McDonnaugh +2 more... Show less Savvy commercial real estate (CRE) borrowers and lenders seeking to minimize downside exposure pay close attention to the triggers for...
05 Jun, 2024 5th Circuit Strikes Down SEC Private Fund Rules. Now What? By Jaclyn Grodin The long-awaited SEC private fund rules were put on ice by the Fifth Circuit U.S. Court of Appeals today when the appellate court struck...
06 Feb, 2024 ABA M&A Committee Meeting– 2024 Predictions Warming up in Laguna Beach By Allison Sherrier Jonathan Calla We had a great time at the ABA Business Law Section M&A Committee Meeting in beautiful Laguna Beach. It was a nice way to wrap up January...
01 Feb, 2024 Lenders Seek to Avoid Creditor Violence By Timothy John Carter Pamela MacKenzie James Wallack As U.S. businesses face ongoing economic headwinds, commercial lenders are acting more aggressively to reduce their exposure to rogue...
24 Jan, 2024 WeWork Wrestles to Amend Leases as Landlords Seek Clarity on Restructuring Plan By Douglas Rosner WeWork entered bankruptcy looking to reject or amend leases that were fueling billions of dollars in losses at the flexible-workspace...
11 Jan, 2024 Supreme Court Tax Case Reveals Two Issues in Estate Protection By Michelle Porter Emily Berlin An estate tax case before the US Supreme Court underscores the importance of stock-purchase agreements and life insurance arrangements,...
09 Jan, 2024 NY Courts Revisit CPLR 3213 Statute’s Applicability to “Bad Boy” Guarantees By Adam Safer Financial institutions seeking to recover on promissory notes and unconditional guarantees can often obtain quick relief from CPLR 3213,...
03 Jan, 2024 Foreclosure And Deficiency Judgments In Massachusetts And New York: Two States, Two Very Different Processes By Alexander Berger Charles Jacob III Rajinder Saini You just finished the foreclosure process but the asset securing the loan was not worth enough to recover the entire amount of the debt....
21 Dec, 2023 Must Lenders Negotiate Post-Borrower CRE Default? By Andrew Baldizon Charles Jacob III With rising interest rates, the economic slowdown, and an uptick in distressed real estate, commercial borrowers and lenders are...
20 Dec, 2023 “Frustration of Purpose" Defense Still Frustrating for Commercial Tenants By Joel Antwi Mariana Korsunsky Kevin O'Flaherty Gary Ronan +1 more... Show less Inland Commercial Real Estate Services, LLC v. ASA EWC, LLC, 213 N.E.3d 604 (2023). The Massachusetts Appeals Court recently issued a...
20 Dec, 2023 Liquidated Damages Clauses Enforceable in Commercial Leases By Joel Antwi Mariana Korsunsky Kevin O'Flaherty Gary Ronan +1 more... Show less Cummings Properties, LLC vs. Darryl C. Hines, SJC-13406 (September 25, 2023). LIQUIDATED DAMAGES CLAUSES ENFORCEABLE IN COMMERCIAL LEASES...
07 Dec, 2023 Ready for the Corporate Transparency Act? Five Key Considerations Before Year-End By David Coombs Michael Hickey Linh Lingenfelter The Corporate Transparency Act (CTA), designed to prevent money laundering and promote a Know Your Customer policy, goes into effect on...