New York Law Journal | Expert Opinion
By Todd E. Soloway and Bryan T. Mohler | April 14, 2020
In their Hospitality Law column, Todd Soloway and Bryan Mohler discuss the challenges owners, operators, management companies and franchisors must confront in the face (and wake) of the current pandemic.
New York Law Journal | Analysis
By Barbara M. Goodstein | April 1, 2020
In a moment of true prescience in light of current circumstances, last year Congress amended the U.S. Bankruptcy Code by enacting the Small Business Reorganization Act of 2019 (SBRA). The SBRA is the federal government's latest effort to make bankruptcy reorganization a more attractive option for small businesses, something particularly important given the potential crippling economic effects of the current pandemic. Barbara M. Goodstein discusses the Act in this edition of her Secured Transactions column.
New York Law Journal | Analysis
By Corinne Ball | February 26, 2020
In her Distress Mergers and Acquisitions column, Corinne Ball discusses a recent decision in which the U.S. Court of Appeals for the Seventh Circuit held that the lien of a debtor-in-possession lender in a Chapter 11 proceeding has priority over valid reclamation claims held by a trade supplier.
New York Law Journal | Analysis
By Justin T. Kelton | February 10, 2020
The decision in 'Centi v. McGillin' clarifies the limits of New York's "illegality" defense, and confirms the court's strong preference for enforcing private agreements according to their terms.
New York Law Journal | Analysis
By Joshua Kopelowitz and Anthony J. Virga | December 26, 2019
There is an open question as to whether a guarantor's promise to perform obligations other than the payment of the principal's debts disqualifies the guaranty from the purview of CPLR 3213. This article explores how that question is answered in the Second and First Departments.
New York Law Journal | Analysis
By Paul Humphreys and Timothy Wilkins | December 17, 2019
The market for sustainable debt products reached $247 billion in 2018. $36.4 billion of that debt comprised sustainability linked loans. And market analysts expect that number to grow considerably in the foreseeable future.
New York Law Journal | Analysis
By Thomas R. Slome, Michelle McMahon and Sophia Hepheastou | December 9, 2019
On Dec. 6, 2019, Gov. Andrew Cuomo signed legislation modernizing New York's 95-year-old fraudulent conveyance law and making it consistent with the U.S. Bankruptcy Code and the law of at least 44 other states.
By Jane Wester | November 22, 2019
The suit, which involved the descendants of the two Italian immigrants who founded the first Palm on Manhattan's Second Avenue in 1926, led Justice Andrea Masley to award more than $120 million to the plaintiffs in November 2018.
New York Law Journal | Analysis
By Francis M. Caesar | November 15, 2019
The Fannie Mae New York form mortgage does not contain an acceleration clause. Instead, §22 of the form creates a right of the mortgagee to demand payment in full, without regard to the maturity date of the underlying debt.
New York Law Journal | Expert Opinion
By Todd E. Soloway and Bryan T. Mohler | October 29, 2019
Todd Soloway and Bryan Mohler explore the common forms of debt financing, and the particular considerations and legal issues involved when a lender seeks to foreclose.
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