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Barbara M. Goodstein

Barbara M. Goodstein

August 07, 2014 | New York Law Journal

Figuring Out Fixtures

In her Secured Transactions column, Barbara M. Goodstein, a partner at Mayer Brown, examines challenging questions that arise when assets are or become fixtures, and discusses the treatment generally of these assets under Article 9 of the Uniform Commercial Code.

By Barbara M. Goodstein

13 minute read

June 05, 2014 | New York Law Journal

Unitranche Credit Facilities: An Untested Trend Gains Traction

In her Secured Transactions column, Barbara M. Goodstein, a partner at Mayer Brown, explores the characteristics of unitranche credit facilities, the advantages of those structures, and the issues and uncertainty that surround them.

By Barbara M. Goodstein

13 minute read

April 03, 2014 | New York Law Journal

The N.Y. Uniform Commercial Code Comes of Age

In her Secured Transactions column, Barbara M. Goodstein, a partner at Mayer Brown, writes: The growing divergence between New York UCC law and the remainder of the states should be of enormous concern. As New York statutes lag further behind other states, the incidence and risk of erroneous UCC section cross-references in legal documents and memoranda rises.

By Barbara M. Goodstein

16 minute read

February 06, 2014 | New York Law Journal

Subscription Credit Facilities: The Market Evolves

In their Secured Transactions column, Mayer Brown partners Barbara M. Goodstein and Ann Richardson Knox examine recent developments in the subscription credit facilities market, including that some facilities are now forgoing investor consent letters and the expansion of the collateral for these facilities beyond capital call commitments to the actual investments acquired by the funds.

By Barbara M. Goodstein and Ann Richardson Knox

14 minute read

December 05, 2013 | New York Law Journal

Common Exclusions From Blanket Liens

In their Secured Transactions column, Alan M. Christenfeld, senior counsel at Clifford Chance, and Barbara M. Goodstein, a partner at Mayer Brown, write: When structuring secured loans, lenders frequently say that their borrowers and any guarantors must grant a security interest in all of their assets to secure the debt. Term sheets for such financings often describe the collateral to be provided as being "all assets." Despite their all-inclusive appearance, however, "all asset" security interests—commonly called "blanket liens"—are subject to various exclusions.

By By Alan M. Christenfeld and Barbara M. Goodstein

15 minute read

February 02, 2012 | New York Law Journal

Protecting Liens on Debtors' Commercial Tort Claims

In their Secured Transactions column, Alan M. Christenfeld, senior counsel at Clifford Chance US, and Barbara M. Goodstein, a partner at Dewey & LeBoeuf, examine generally Article 9's requirements for creating liens on commercial tort claims and review two rulings which highlight the need for particular awareness by practitioners and clients when dealing with these assets as collateral.

By Alan M. Christenfeld and Barbara M. Goodstein

16 minute read

April 04, 2013 | New York Law Journal

Circular Lien Priorities: Tackling Three-Party Subordination

In their Secured Transactions column, Alan M. Christenfeld, senior counsel at Clifford Chance, and Barbara M. Goodstein, a partner at Mayer Brown, analyze a recent Seventh Circuit decision which set out a persuasive argument for favoring the partial, rather than the complete, subordination approach, although the unenforceability of one party's security interest rendered application of the rule moot.

By Alan M. Christenfeld and Barbara M. Goodstein

13 minute read

August 02, 2012 | New York Law Journal

Resolving Vessel Ownership and Lien Issues Through New Act

In their Secured Transactions column, Alan M. Christenfeld, senior counsel at Clifford Chance, and Barbara M. Goodstein, a partner at Mayer Brown, write that only 33 states currently have certificate of title laws for vessels, and there is significant variation among those title statutes, which pre-date revised Article 9 of the UCC. In addition, federal regulations overlay vessel ownership, operation and financing, and do so without effective coordination with state statutes.

By Alan M. Christenfeld and Barbara M. Goodstein

14 minute read

October 04, 2012 | New York Law Journal

To Participate or Not to Participate: A Secured Party's Question

In their Secured Transactions column, Alan M. Christenfeld, senior counsel at Clifford Chance, and Barbara M. Goodstein, a partner at Mayer Brown, consider what might happen to a secured claim if the creditor fails, or elects not, to participate in its debtor's bankruptcy case.

By Alan M. Christenfeld and Barbara M. Goodstein

13 minute read

August 01, 2013 | New York Law Journal

Derivatives in Secured Lending: The Impact of Dodd-Frank

In their Secured Transactions column, Alan M. Christenfeld, senior counsel at Clifford Chance, and Barbara M. Goodstein, a partner at Mayer Brown, write that the Dodd-Frank Wall Street Reform and Consumer Protection Act amended the Commodity Exchange Act and introduced major changes to many aspects of the financial system in the United States, especially swaps and other derivatives. These rules have changed the ways in which derivatives can be used in secured transactions and have introduced new issues to the mix.

By Alan M. Christenfeld and Barbara M. Goodstein

15 minute read