August 02, 2023 | New York Law Journal
The UCC Emerging Technologies Amendments: Part III (The Issue of Money)The proposed changes to the UCC effected by the 2022 amendments are numerous, affecting every article in the statute. Among those changes are amendments to the definition of "money" and how a security interest in that type of asset can be perfected. In her Secured Transactions column, Barbara Goodstein discusses the treatment of money under the 2022 UCC amendments and how it's affecting the progress of adoption of the amendments throughout the states, and the "loosely titled hip-pocket amendment" that will try to resolve the issue impeding adoption.
By Barbara Goodstein
8 minute read
August 04, 2011 | New York Law Journal
Subscription Loans to Private Equity FundsIn their Secured Transactions column, Alan M. Christenfeld, senior counsel at Clifford Chance US, and Barbara Goodstein, a partner at Dewey & LeBoeuf, analyze a financing tool secured principally by undrawn commitments that has gained popularity as a means for funds to ensure liquidity for their portfolio investments and working capital needs while limiting the number of times they have to call capital.
By Alan M. Christenfeld and Barbara Goodstein
16 minute read
February 03, 2011 | New York Law Journal
First Lien Lenders Beware: Drafting Points to ConsiderIn their Secured Transactions column, Alan M. Christenfeld, senior counsel at Clifford Chance US, and Barbara M. Goodstein, a partner at Dewey & LeBoeuf, write that in two recent cases first lienholders were unable to rely upon their respective intercreditor agreements to remain in complete control over, respectively, the disposition of their collateral and the distribution of collateral proceeds.
By Alan M. Christenfeld and Barbara Goodstein
15 minute read
December 02, 2010 | New York Law Journal
Equitable Subordination Attacks on Secured LendersAlan M. Christenfeld, senior counsel at Clifford Chance US, and Barbara Goodstein, a partner at Dewey & LeBoeuf, discuss two recent cases involving equitable subordination in bankruptcy that should inform the conduct of lenders when dealing with financially deteriorating borrowers, especially in such matters as credit facility amendments, forbearance agreements and providing additional financing.
By Alan M. Christenfeld and Barbara Goodstein
13 minute read
April 01, 2010 | New York Law Journal
Changes to New York Powers Of Attorney: Caveat CreditorAlan M. Christenfeld, senior counsel at Clifford Chance US, and Barbara Goodstein, a partner at Dewey & LeBoeuf, write: "Laws intended to address problems in one, often obscure, area occasionally have unintended adverse consequences in an entirely unrelated field. That is what has happened as a result of the adoption of several recent amendments to New York General Obligations Law ��1501, et seq., which codifies New York's power of attorney statute."
By Alan M. Christenfeld and Barbara Goodstein
16 minute read