By Angela Morris | August 28, 2019
"It almost brought tears to my eyes that anybody, any elected official, much less a judicial officer, would behave in such a manner," said Waco solo practitioner Doug Froneberger, who filed a judicial complaint against Bell County Justice of the Peace Pct. 4, Place 1 Judge Daryl Peters.
New York Law Journal | Analysis
By Peter A. Crusco | August 26, 2019
In his Cyber Crime column, Peter A. Crusco addresses the latest metamorphoses of the bogus UCC-1 notice of lien filing scam, its impact on the courts and remedies in New York.
New York Law Journal | Analysis
By Corinne Ball | August 21, 2019
In her Distress Mergers and Acquisitions column, Corinne Ball discusses two recent opinions from the Fifth Circuit that shed light on the scope of permissible bar orders and third-party releases of claims in the receivership context. Such bar orders may provide an effective alternative to third-party releases in bankruptcy in resolving mass tort cases.
New York Law Journal | Analysis
By Margaret A. Dale and Mark D. Harris | August 13, 2019
Corporate and Securities Litigation columnists Mark D. Harris and Margaret A. Dale discuss a recent opinion issued by the U.S. Bankruptcy Court for the District of Delaware, which held that a liquidation trustee who brought claims initially raised in an adversary proceeding by an unsecured creditors committee did not have standing to assert derivative claims on behalf of the debtor. The ruling raises a number of questions, which the authors address.
New York Law Journal | Analysis
By Barbara M. Goodstein | July 31, 2019
In her Secured Transactions column, Barbara M. Goodstein discusses two recent decisions in the Sports Authority bankruptcy which underscore the continuing challenge to UCC commentators in guiding courts and practitioners effectively through the world of consignments.
New York Law Journal | Analysis
By Janice Mac Avoy, Matthew D. Parrott and Justin J. Santolli | July 11, 2019
On June 6, the Appellate Division, First Department issued 'Atlas MF Mezzanine Borrower v. Macquarie Texas Loan Holder' that will reassure the real estate lending community of the finality of foreclosure sales pursuant to the Uniform Commercial Code.
New York Law Journal | Analysis
By Corinne Ball | June 26, 2019
In her Distress Mergers and Acquisitions column, Corinne Ball discusses the recent Singapore Court of Appeal decision in 'Pathfinder Strategic Credit LP v. Empire Capital Resource Pte Ltd,' which is significant for the approach adopted by the Singapore courts in restructuring a large, cross-border group enterprise with New York law-governed debt.
New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | June 25, 2019
In their Second Circuit Review, Martin Flumenbaum and Brad Karp discuss 'Kidd v. Thomson Reuters,' where the court determined for the first time that an entity must specifically intend to furnish a “consumer report” to qualify as a consumer reporting agency under the Fair Credit Reporting Act.
By Angela Morris | June 25, 2019
“Their lawyers—officers of the court—helped themselves to the very sales proceeds that this court prohibited judgment debtors from using,” the complaint said. “Defendant Einbinder refused to return or hand over the proceeds.”
New York Law Journal | Analysis
By Jaime Lathrop | June 20, 2019
A recent Second Department decision shows the limits of the ability of a subsequent owner attempting to assert defenses personal to the original owner/mortgagor in a pending foreclosure proceeding. The decision is instructive to remind practitioners regarding “personal defenses” and standing of other parties to appeal decisions.
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