April 05, 2017 | New York Law Journal
Financing Rolling Stock: Luxembourg Rail Protocol Steams AheadIn 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 EffectIn 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 AgreementIn 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 CrisisIn 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 ProceedingsIn 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 ProceedingsIn 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
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