Kenneth M. Block

March 15, 2006 | New York Law Journal

Kenneth M. Block and Jeffrey B. Steiner, members of Brown Raysman Millstein Felder & Steiner, LLP, write that as recent decisions in New York and around the country make clear, banks and other lenders have almost no duty to inform or warn their borrowers' investors, even when the banks suspect that their borrowers are unscrupulous. Absent actual knowledge of a borrower's fraud coupled with active participation in that fraud, a bank will not be held accountable to third party investors.

By Kenneth M. Block and Jeffrey B. Steiner

9 minute read

November 15, 2006 | New York Law Journal

Kenneth M. Block and Jeffrey B. Steiner, members of Brown Raysman Millstein Felder & Steiner, analyze a string of cases that establish the limits of RICO availability: a RICO claim will be available even to a "non-target" so long as the underlying fraudulent act intentionally increased the victim's risk of loss.

By Kenneth M. Block and Jeffrey B. Steiner

10 minute read

September 15, 2004 | New York Law Journal

Kenneth M. Block and Jeffrey Steiner, members of Brown Raysman Millstein Felder & Steiner, discuss a recent Second Circuit decision, which offers an opportunity to reexamine the provisions of Equal Credit Opportunity Act of 1974 and review the split in authority among the circuits in applying standards of proof to determine the presence of discriminatory lending practices.

By Kenneth M. Block and Jeffrey Steiner

12 minute read

July 19, 2006 | New York Law Journal

Kenneth M. Block and Jeffrey B. Steiner, members of Brown Raysman Millstein Felder & Steiner, review fundamental principles of third party liability in lending transactions and recent litigation involving claims of allegedly false representations and assurances made by borrowers' attorneys and accountants in opinion letters and financial statements that were relied upon by lenders.

By Kenneth M. Block and Jeffrey B. Steiner

12 minute read

June 30, 2010 | New York Law Journal

Kenneth M. Block and John-Patrick Curran, partners of Tannenbaum Helpern Syracuse & Hirschtritt, discuss how to resurrect a construction project after the general contractor has used the last requisition funded by the lender to pay subcontractors on a different project and is now closing its business, with several subcontractors prepared to file liens.

By Kenneth M. Block and John-Patrick Curran

9 minute read

September 29, 2010 | New York Law Journal

In their Construction Law column, Kenneth M. Block and John-Patrick Curran, partners of Tannenbaum Helpern Syracuse & Hirschtritt, write that the common assumption is that the construction manager as advisor is acting solely as the owner's agent and, under standard principals of agency, is not liable for the obligations of its disclosed principal, the owner. However . . .

By Kenneth M. Block and John Patrick Curran

11 minute read

September 13, 2006 | New York Law Journal

Kenneth M. Block and Jeffrey B. Steiner, partners at Brown Raysman Millstein Felder & Steiner, write that today's sophisticated financings are typically governed by thoroughly negotiated loan documents which, among other things, reserve to the lender virtually unlimited discretion in making decisions relating to the loan. The only limitation on this seemingly unbridled power is the judicially imposed implied covenant of good faith and fair dealing . . .

By Kenneth M. Block and Jeffrey B. Steiner

11 minute read

September 30, 2009 | New York Law Journal

Kenneth M. Block and John-Patrick Curran, members of Tannenbaum Helpern Syracuse & Hirschtritt, write that, in the wake of the fatal Deutsche Bank fire, new regulations will begin to take effect next month that govern the way asbestos abatement projects are filed, performed and inspected in the City of New York. Questions remain, they caution, concerning how the new regulations are going to be interpreted and implemented by DEP and DOB.

By Kenneth M. Block and John-Patrick Curran

14 minute read

December 10, 2008 | New York Law Journal

Kenneth M. Block and Eric S. Schoenfeld, partners of Tannenbaum Helpern Syracuse & Hirschtritt, write that the present economic crisis has resulted in stalled construction projects and related borrower defaults under their construction loans. In response, lenders have been compelled to make critical decisions as to the best course of action to protect their collateral and ensure repayment. Rather than immediately declaring a default under the loan documents, many lenders have opted to negotiate loan workouts with their borrowers which, if properly structured, can salvage the project and maintain the viability of the construction loan.

By Kenneth M. Block and Eric S. Schoenfeld

8 minute read

January 15, 2002 | New York Law Journal

W ith the passage of the federal E-Sign Act, 1 has the era of electronic mortgage closings dawned? Apparently, not in New York. Despite this federal legislation, aimed at facilitating electronic commerce, New York`s Attorney General has taken the position that certain transactions requiring recordation cannot be conducted electronically. 2 In this article we will examine the E-Sign Act, New York`s equivalent 3 and the opinion of the Attorney General.

By Kenneth M. Block And Jeffrey B. Steiner

11 minute read