Barbara M Goodstein

June 07, 2012 | New York Law Journal

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 change proposed by three federal bank regulators and find that although the direct effect of the change would be on the operations of the financial institutions subject to it, the guidance would inform how those institutions compete for and structure deals in the leveraged lending market.

By Alan M. Christenfeld and Barbara M. Goodstein

13 minute read

December 06, 2012 | New York Law Journal

In their Secured Transactions column, Alan M. Christenfeld, senior counsel at Clifford Chance, and Barbara M. Goodstein, a partner at Mayer Brown, write: The struggles of secured lenders to convince bankruptcy courts that proceeds of the sale of an FCC license are original collateral, and, in particular, that a lien on such collateral has attached pre-petition, are highlighted in two recent federal court decisions.

By Alan M. Christenfeld and Barbara M. Goodstein

15 minute read

February 07, 2013 | New York Law Journal

In their Secured Transactions column, Alan M. Christenfeld, senior counsel at Clifford Chance, and Barbara M. Goodstein, a partner at Mayer Brown, write: The current version of the U.S. Bankruptcy Code, which has been in effect since 1978, has been the only federal bankruptcy law that most secured transactions and workout professionals now in practice have ever needed to know. That may change in the not-too-distant future, however, if the American Bankruptcy Institute has anything to say about it.

By Alan M. Christenfeld and Barbara M. Goodstein

13 minute read

October 03, 2013 | New York Law Journal

In their Secured Transactions column, Alan M. Christenfeld, senior counsel at Clifford Chance, and Barbara M. Goodstein, a partner at Mayer Brown, write: Investors' hunger for yield in the post-recession years in U.S. financial markets has led to a number of trends, and as many leveraged lending lawyers can attest, the big one in 2013 has been the proliferation of covenant-lite institutional term loans. It remains to be seen how long this market will remain hot, whether regulators will take steps to reign it in or what effects it could have on the economy if default rates rise in the future.

By By Alan M. Christenfeld and Barbara M. Goodstein

11 minute read

June 06, 2013 | New York Law Journal

In their Secured Transactions column, Alan M. Christenfeld and Barbara M. Goodstein write that while the LIBOR imbroglio has been well-publicized, other lending activities potentially giving rise to antitrust exposure remain under the radar. Lending officers and their counsel need to be sufficiently familiar with the conduct that antitrust law proscribes that they can avoid perpetrating it, even inadvertently or by acquiescence.

By Alan M. Christenfeld and Barbara M. Goodstein

15 minute read

April 05, 2012 | New York Law Journal

In their Secured Transactions column, Alan M. Christenfeld, senior counsel at Clifford Chance, and Barbara M. Goodstein, a partner at Dewey & LeBoeuf, examine several issues lenders may face under New York law-governed credit facilities that include euro-denominated tranches to borrowers organized or located in a Departing Country, as well as relevant protective measures lenders may wish to consider when underwriting new or, where feasible, amending existing loan arrangements.

By Alan M. Christenfeld and Barbara M. Goodstein

18 minute read

December 01, 2011 | New York Law Journal

In their Secured Transactions column, Alan M. Christenfeld, senior counsel at Clifford Chance U.S., and Barbara M. Goodstein, a partner at Dewey & LeBoeuf, review the recent case of O&G Leasing, LLC v. First Security Bank, which provides a timely reminder to lenders that the power to avoid preferences remains a potent and oft-used weapon in the trustee's arsenal.

By Alan M. Christenfeld and Barbara M. Goodstein

16 minute read

October 07, 2010 | New York Law Journal

Alan M. Christenfeld, senior counsel at Clifford Chance, and Barbara M. Goodstein, a partner at Dewey & LeBoeuf, write that new registration rules significantly increase the risk of aircraft assets that constitute collateral becoming unregistered, which will likely result in grounding of the aircraft, materially impairing not only its value, but also the creditor's ability creditor to repossess it.

By Alan M. Christenfeld and Barbara M. Goodstein

16 minute read

December 03, 2009 | New York Law Journal

Alan M. Christenfeld, senior counsel at Clifford Chance US, and Barbara M. Goodstein, a partner at Dewey & LeBoeuf, write that although forbearance agreements are not new, their use is increasingly relevant in today's economic climate. A well-structured and drafted forbearance arrangement, they note, may provide both borrowers and lenders with the time necessary to address a troubled loan situation satisfactorily.

By Alan M. Christenfeld and Barbara M. Goodstein

16 minute read

June 02, 2011 | New York Law Journal

In their Secured Transactions column, Alan M. Christenfeld, a senior counsel at Clifford Chance U.S., and Barbara M. Goodstein, a partner at Dewey & LeBoeuf, write that as 2010 amendments are more limited than, do not present the substantial jurisdictional challenges of, and are relatively close in time to, the previous set of UCC revisions in 1998-2001 (possibly giving legislatures the benefit of some previous familiarity and experience), one may hope that this time around the amendment approval process will be relatively expeditious and non-controversial.

By Alan M. Christenfeld and Barbara M. Goodstein

15 minute read