Barbara M Goodstein

February 01, 2017 | New York Law Journal

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

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

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

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

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

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

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

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

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

August 06, 2015 | New York Law Journal

In her Secured Transactions column, Barbara M. Goodstein writes: The typical secured creditor would not expect to confront (or be permitted to raise) constitutional issues in a financing or restructuring. But the financial crisis in Puerto Rico is notable not only for the sheer enormity of its economic scope; it has also indeed brought creditors face-to-face with issues of constitutional proportion.

By Barbara M. Goodstein

14 minute read