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The Legal Intelligencer

Managing the Transition as LIBOR's End Looms 

The London Interbank Offered Rate (LIBOR) is not much longer for this world, with the reference rate on track to be discontinued in most of the world by the end of the year and for certain U.S. dollar (USD) transactions by 2023.
5 minute read

Daily Business Review

Bankruptcy Slowdown Prompts Lawyers to Pivot to Transactions and Litigation

The attorneys feel Q4 and early 2022 will host a bankruptcy boom as government money runs out and eviction moratoriums end. Until then, most have found adjacent practices that do well when bankruptcy is down.
9 minute read

New York Law Journal

Judicial Cross-Currents in Debtor and Creditor Law §278

The multiplicity of judicial opinion-making across concurrent federal and state jurisdictions can sometimes lead to divergent "paths" and the law of fraudulent conveyances, codified in the New York Debtor and Creditor Law (DCL), offers a striking example of just such judicial cross-currents. This article focuses on the state of the law under the old DCL.
11 minute read

New York Law Journal

Important Consideration Regarding Pending Bankruptcy Venue Reform Legislation

If the Venue Acts are adopted into law, limitations on venue choices may restrict the use of Chapter 11 as an effective resource for corporate debtors, depending on the precedent in the circuit of their principal place of business, on issues that may be critical to their reorganization efforts.
8 minute read

New York Law Journal

When the Client's Rights Depend on a Clerk's Office, Trust But Verify

Though practitioners may understandably believe that they can rely on receipts from the clerk's office or a filing service as proof that the client's lien was perfected, this may not be sufficient if the clerk's office makes an error.
10 minute read

New York Law Journal

Shareholder Rights in Bankruptcy

Activists likely will continue seeking ways to preserve their investments and influence the Chapter 11 process, while debtors likely will continue seeking ways to prevent shareholder interference when equity is perceived to be out of the money.
8 minute read

New York Law Journal

Strict Foreclosure Under New York Law—2.0

In this edition of her Secured Transactions column, Barbara M. Goodstein discusses '111 West 57th Inv. LLC v. 111 W57 Mezz Inv'r LLC', an Appellate Division ruling that is interesting for its interpretation as to the persons entitled to notice of and a right to object to a strict foreclosure under §§9-620 and 9-621. The case is also an important reminder to secured parties not to focus solely on the literal requirements of the Article 9 rules for strict foreclosure, but to keep in view the broader principles of the UCC.
10 minute read

Daily Business Review

Distinguished Leaders: High-Stakes Litigator Jeffrey Schneider Leads the Fight Against Fraud

"Things change, for the good and the bad, in both our professional lives and our personal lives, and we have to be nimble enough to deal with them," Schneider said.
4 minute read

New York Law Journal

Interest Tolling in Mortgage Foreclosure Actions Abrogates Contract Rights and Is Unlawful Under CPLR 5001

When viewed in its proper context, tolling prejudgment interest is contrary to the plain language of CPLR 5001(a), legislative intent and Court of Appeals precedent.
10 minute read

New Jersey Law Journal

Zero Means Zero

To reach the result required three appellate judges, one trial judge and several lawyers. At the end, however, zero was emphatically held to mean zero as a matter of federal law.
1 minute read

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