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Daily Business Review

The Rise and Risks of Merchant Cash Advance Debt Relief Companies

As MCAs grow in popularity, there is concern about an increase in companies claiming to negotiate MCA terms on behalf of business owners. While these services may seem appealing, they come with inherent risks that business owners should carefully consider.
5 minute read

New York Law Journal

A Guaranty’s Survival of Its Guarantor Requires Careful Drafting

Since guaranties are important parts of most transactions, careful attention should be paid to selecting your guarantor, drafting the applicable loan document provisions and monitoring the status of your guarantor so that timely action can be taken if needed to make a claim against an estate.
6 minute read

New York Law Journal

Purported Loans Not Considered Debt

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."
10 minute read

New York Law Journal

Managing the Ladder: An Overview of Modern Equitable Subrogation

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.
13 minute read

Delaware Business Court Insider

The 'Next Battleground' in Chapter 11: Third Circuit Set to Weigh Opt-Out Releases

A subset of sexual abuse accusers whose compensation is a key part of the plan and a group of Boy Scout insurers—have spent years challenging third-party releases that were made part of a global settlement.
5 minute read

New York Law Journal

Avoiding Usury: Determining the Maximum Interest That Can Be Legally Charged

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."
14 minute read

New York Law Journal

The Zebra Case: Can a Debtor in Default Sue for Patent Infringement?

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.
8 minute read

Connecticut Law Tribune

Judge Orders Sale of Infowars, Alex Jones' Media Platform

"The Connecticut families have always sought a fair and equitable distribution of Free Speech System's assets for all of the families, and today's decision is a significant step forward," Chris Mattei of Koskoff, Koskoff & Bieder, one of the attorneys for the Connecticut plaintiffs, said. "[Free Speech Systems] will now be sold at auction, meaning Alex Jones will no longer own or control the company he built. This brings the families closer to their goal of holding him accountable for the harm he has caused."
3 minute read

The Legal Intelligencer

Seventh Circuit Issues Seemingly Internally Inconsistent FCRA/FDCPA Decision

In its recent decision in Freeman v. Ocwen Loan Servicing, No. 23-2512, the U.S. Court of Appeals for the Seventh Circuit upheld a district court's dismissal of a borrower's Fair Credit Reporting Act (FCRA) and Fair Debt Collection Practices Act (FDCPA) claims arising out of her mortgage servicer's erroneous reporting that her mortgage was in default.
9 minute read

New York Law Journal

About That Hedge: How Borrowers and Lenders Have Gotten Creative With Hedging Commercial Real Estate Loans in a Heightened Interest Rate Environment

"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."
6 minute read

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