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Barbara M. Goodstein

Barbara M. Goodstein

April 05, 2017 | New York Law Journal

Financing Rolling Stock: Luxembourg Rail Protocol Steams Ahead

In this Secured Transactions column, Barbara M. Goodstein and Howard Rosen discuss the Luxembourg Rail Protocol, how it compares to the Protocol on Matters Specific to Aircraft and its relevance to the United States.

By Barbara M. Goodstein and Howard Rosen

18 minute read

February 01, 2017 | New York Law Journal

Hague Securities Convention Comes Into Effect

In her Secured Transactions column, Barbara M. Goodstein of Mayer Brown discusses the Hague Securities Convention. The vast majority of securities are now held through intermediaries rather than directly, and the number of cross-border transactions has increased exponentially. These developments have created legal uncertainty, which the convention attempts to remedy by offering a uniform set of conflict of laws rules to be applied on a global basis.

By Barbara M. Goodstein

27 minute read

November 30, 2016 | New York Law Journal

Forest Capital: Is It a Case of UCC Article 8 Versus Article 9?

In her Secured Transactions column, Barbara M. Goodstein discusses the recent 'Forest Capital v. Blackrock' case, which brought to the fore the tension between UCC Articles 8 and 9—articles that have not always meshed seamlessly when it comes to the duties of securities intermediaries.

By Barbara M. Goodstein

22 minute read

October 05, 2016 | New York Law Journal

When Can't a Creditor Credit Bid?

In her Secured Transactions column, Barbara M. Goodstein, through a discussion of a recent decision in the 'Aéropostale' case in the Southern District of New York, highlights issues and risks that arise when non-traditional lenders find themselves entangled with the debtor in more ways than just debt financing.

By Barbara M. Goodstein

18 minute read

August 03, 2016 | New York Law Journal

Introducing MIPSA, the ABA Model IP Security Agreement

In her Secured Transactions column, Barbara M. Goodstein discusses the Model Intellectual Property Security Agreement and writes: While the MIPSA is definitely a step in the right direction, there remains an overriding need for reform through federal legislation to resolve the uncertain boundaries between IP law and Article 9.

By Barbara M. Goodstein

17 minute read

June 02, 2016 | New York Law Journal

Are Intercreditor Agreements Now Going According to Plan?

In her Secured Transactions column, Barbara M. Goodstein of Mayer Brown examines intercreditor agreements in light of two recent decisions, and discusses the problems that continue to plague creditors in enforcing these agreements.

By Barbara M. Goodstein

20 minute read

April 07, 2016 | New York Law Journal

Bail-Out Turns to Bail-In: Europe Anticipates Next Financial Crisis

In her Secured Transactions column, Barbara M. Goodstein examines the EU Bank Recovery and Resolution Directive, discusses how "bail-in" affects secured transactions, and highlights some relevant issues for legal counsel.

By Barbara M. Goodstein

27 minute read

February 04, 2016 | New York Law Journal

A Perfected Lien Is Trumped: Must It Be 'Use It or Lose It'?

In her Secured Transactions column, Barbara M. Goodstein writes: Some courts have concluded that merely having a prior perfected security interest is not enough to defeat the rights of a judgment creditor. Prompt enforcement of that security interest is also required. The author examines these cases in the context of 'American Home', one of the more recent decisions in this continuing judicial debate.

By Barbara M. Goodstein

14 minute read

October 01, 2015 | New York Law Journal

Extinguishment of Liens in Bankruptcy Proceedings

In her Secured Transactions column, Barbara M. Goodstein revisits, both generally and in light of a recent Second Circuit decision, how a confirmed reorganization plan can extinguish liens in bankruptcy, and further how a lienholder's failure to participate in a bankruptcy proceeding can affect that result.

By Barbara M. Goodstein

10 minute read

September 30, 2015 | New York Law Journal

Extinguishment of Liens in Bankruptcy Proceedings

In her Secured Transactions column, Barbara M. Goodstein revisits, both generally and in light of a recent Second Circuit decision, how a confirmed reorganization plan can extinguish liens in bankruptcy, and further how a lienholder's failure to participate in a bankruptcy proceeding can affect that result.

By Barbara M. Goodstein

10 minute read