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By David E. Kahen and Elliot Pisem | December 18, 2024
The authors write "Failure to document a transfer of funds between related parties as a loan may lead to the transfer's being characterized as something other than a loan for income tax purposes, notwithstanding the transferee's intent to repay the amount advanced."
By Adam Leitman Bailey and Dov Treiman | December 10, 2024
As a follow-up to their previous article published almost 15 years ago, authors Adam Leitman Bailey and Dov Treiman discuss the law of equitable subrogation including many of the possible consequences from this doctrine in foreclosure practice.
By Adam Leitman Bailey, Dov Treiman and Danny Ramrattan | October 8, 2024
Adam Leitman Bailey, Dov Treiman, and Danny Ramrattan discuss the limited applicability of usury defenses. They write: "In all, this area of the law is deceptively simple and the resolution of any case will require a close examination of the intricacies of the particular matter."
New York Law Journal | Analysis
By Barbara M. Goodstein and Adam C. Wolk | October 2, 2024
As shown by the Zebra case, a plaintiff's status as a patent owner or a licensee plays a key role in the evaluation of the plaintiff's constitutional standing in a patent infringement case.
By Jeffrey B. Steiner and Scott A. Weinberg | September 17, 2024
"While real estate publications and practitioners have written ad nauseam about the impacts of high interest rates on the commercial real estate industry, this article focuses specifically on how borrowers and lenders have gotten creative in negotiating and structuring interest rate hedges (namely interest rate caps), or avoiding them altogether."
By Bernard D'Orazio | August 7, 2024
Judgments may be enforced against any property interest of a judgment debtor, real or personal, tangible, or intangible, unless specifically exempted by law. Thus, co-op apartments, common in New York City, can be reached by a judgment creditor, but there are several issues counsel should consider.
By Bruce J. Bergman | July 2, 2024
While lenders and servicers with New York portfolios should long have been exceptionally familiar with the requirement, such presumed awareness nonetheless seems to little diminish the constant—often fatal losses suffered.
New York Law Journal | Analysis
By William E. Curtin, Thomas R. Califano, Anthony R. Grossi and Veronica A. Courtney | June 7, 2024
While debtors' selection of venue in Chapter 11 cases and the relevant statutes have been the subject of historical debate, the scrutiny of venue has noticeably increased with a material uptick in venue inquiries and formal objections.
New York Law Journal | Analysis
By Barbara M. Goodstein and Adam C. Wolk | June 5, 2024
The recently decided Southern District of New York case of 'CCO Condo Portfolio (AZ) Junior Mezzanine v. Feldman' hinged on whether a UCC Article 9 foreclosure was conducted in a commercially reasonable manner.
The American Lawyer | Analysis
By Dan Roe | April 22, 2024
As more large corporations go bust, lenders are jockeying for the position to get repaid first.
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Legal Administrative AssistantRivkind, Margulies & Rivkind, P.A.Miami, FL, USAEmployment Type: Full-TimeBenefits Offered: Medical, Retir...
Position Type:Administrative and Central Office Office Title/Functional Title:Risk Management and Litigation Associate Counsel - 23849Civil ...
Process enhanced rate equitable services requests, response to filers and NYSED Inquiries. Receive, file, coordinate, and review ...