12 Dec, 2024 Top 10 Legal Malpractice Defenses As Claims Tick Up By Richard Zielinski Jennifer Mikels Attorneys Richard Zielinski and Jennifer Mikels, writing for Law360, detail ten key defenses law firms can use to effectively combat...
11 Dec, 2024 Corporate Transparency Act— Nationwide Injunction Update and Key Considerations By Mark Christopher Vaishali Goyal Gary Ronan On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide injunction halting enforcement of the...
19 Nov, 2024 Goulston & Storrs Real Estate Attys Talk Distress Playbook By Zev Gewurz Frank Ditta As commercial real estate distress continues to play out, attorneys are seeing lenders adopt new strategies to save or reduce their...
30 Oct, 2024 Commercial foreclosures rise as lenders approach 'inflection point' By Douglas Rosner Commercial foreclosure activity across the nation crept up last month despite more positive sentiments across the commercial real estate...
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...
22 Apr, 2024 Help, the Lenders Are Fighting Again: Creditor Violence Driving Demand in Bankruptcy, Litigation Practices By Timothy John Carter Corporate restructurings are on the rise in 2024, as a slow burn of delayed insolvency from the COVID-19 pandemic works its way into...
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...
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....
27 Dec, 2023 Keeping the Lights On: Payment of Operating Expenses After an Event of Default By Andrew Bensson Kimberly Yeager Craig Todaro When an event of default occurs under a mortgage loan, the lender’s first thought might be, “How will we get repaid?”, while the...
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...