New York Law Journal | Analysis
By Barbara M. Goodstein | February 3, 2021
In her Secured Transactions column, Barbara M. Goodstein discusses 'In re Le Tote', which involved an attempt by a secured creditor to enforce payment obligations of Lord & Taylor under a master lease agreement for 24 retail stores. U.S. Bankruptcy Judge Keith Phillips rejected that attempt, citing numerous reasons, but among them being that the plain language of §9-109 applied and the exception under §9-604 did not.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | January 27, 2021
In their Corporate Governance column, David A. Katz and Laura A. McIntosh reflect on the tenure of Chairman Jay Clayton, under whose leadership the SEC experienced an era of great productivity and rational reform.
New York Law Journal | Analysis
By John C. Coffee Jr. | January 20, 2021
In this edition of his Corporate Securities column, John C. Coffee Jr. reviews the issues that a Democratic administration must face at the SEC after four long years of Republican deregulation.
New York Law Journal | Analysis
By Howard Berkower | January 13, 2021
This article addresses the key features of PPP 2.0 for small businesses, incorporating the Interim Final Rule on the Paycheck Protection Program as Amended by the Economic Aid Act and the Interim Final Rule on PPP Second Draw Loans issued by the Small Business Administration on Jan. 6, 2021.
New York Law Journal | Analysis
By Evan T. Barr and Christopher H. Bell | January 6, 2021
In entering into any tolling agreement, defense counsel should endeavor to limit its scope to a specifically defined investigation arising out of a particular set of facts with carefully enumerated potential charges.
New York Law Journal | Analysis
By Chuck Pine and Carla Suchoski | December 30, 2020
The regulatory amendments under consideration are intended to upgrade and modernize the national AML regime, where appropriate, to address the evolving threats of illicit finance, and to provide financial institutions with greater flexibility in the allocation of resources to enhance the effectiveness and efficiency of their AML programs.
New York Law Journal | Analysis
By David C. Singer | December 23, 2020
Commercial arbitration is flourishing in New York because parties voluntarily agree that arbitration is the preferred method for addressing and resolving disputes that may arise from their contractual relationships. For a wide range of reasons, the freedom of contracting parties to make that choice is a good thing.
New York Law Journal | Analysis
By David E. Kahen and Elliot Pisem | December 16, 2020
A taxpayer suffers a loss by reason of errors made by a tax advisor, and the tax advisor makes a payment to compensate the taxpayer for the loss. May the payment be excluded from the taxpayer's income subject to tax? In this edition of their Taxation column, David E. Kahen and Elliot Pisem discuss a recent decision in which the Eleventh Circuit court concluded that the taxpayers before it could not exclude the payment at issue from income.
New York Law Journal | Analysis
By Joseph M. McLaughlin and Shannon K. McGovern | December 9, 2020
State court enforcement of exclusive federal forum provisions for 1933 Act claims is the final step to issuers and other participants in securities offerings subject to the 1933 Act curbing duplicative state court litigation, and recent California decisions provide important guidance toward that objective.
New York Law Journal | Analysis
By Barbara M. Goodstein | December 2, 2020
In this edition of her Secured Transactions column, Barbara M. Goodstein discusses a recent ruling by the New York Court of Appeals in a case involving strict foreclosure. She writes: While the decision has received considerable attention for the potential power it gives to minority noteholders, it also leaves unanswered questions as to whether the effects on that foreclosure of UCC §$9-620-9-622 were properly considered.
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