August 07, 2014 | New York Law Journal
Figuring Out FixturesIn 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 TractionIn 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 AgeIn 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 EvolvesIn 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 LiensIn 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 ClaimsIn 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 SubordinationIn 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 ActIn 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 QuestionIn 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-FrankIn 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
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