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FDIC Report Tells Concerning Story for CRE
The latest quarterly report from the Federal Deposit Insurance Corporation underscores mounting pressure in the commercial real estate sector, signaling potential headwinds for the industry. While the overall past-due and nonaccrual (PDNA) rate across all FDIC-insured institutions stood at 1.59% of total loans — still below the pre-pandemic average of 1.94% — the numbers within CRE portfolios tell a more concerning story.
CRE loan portfolios saw their PDNA rate climb to 1.49% in the first quarter of 2025, marking the highest level since late 2014. Multifamily loans, in particular, experienced the sharpest increase, with PDNAs rising by 88 basis points over the past year to reach 1.47%. Despite this deterioration in loan performance, overall loan growth remains sluggish, with total loan and lease balances increasing just 0.5% from the previous quarter. Notably, multifamily CRE loans were a key driver of what little growth there was.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.