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Third-Party Money Launderers Image

Third-Party Money Launderers

Justin du Rivage

Each year, the U.S. government secures more than 1,200 money-laundering convictions. Now, the Federal Bureau of Investigation (FBI), at least, is setting its sights with renewed vigor on those who help criminal organizations and terrorists conceal billions in illicit funds.

Features

FinTech Pressure on Equipment Finance Companies Serving SMB Markets<br><b><i><font="-1">Challenges and Opportunities</b></i></font> Image

FinTech Pressure on Equipment Finance Companies Serving SMB Markets<br><b><i><font="-1">Challenges and Opportunities</b></i></font>

Brett Boehm & Patricia M. Voorhees

This article discusses the initial impact of FinTechs and resulting opportunities and challenges, including strategies for recovering non-performing loans and leases within the fast-paced FinTech business model.

Features

Work Letter 'What Ifs': Practical Solutions to Possible Problems Image

Work Letter 'What Ifs': Practical Solutions to Possible Problems

Melissa Vandewater

<b><i>Part One of a Two-Part Article</b></i><br>The work letter agreement of the lease sets forth the rights and obligations of the landlord and the tenant relating to the construction of improvements at the leased premises. To help anticipate problems and mitigate associated risks, this two-part article summarizes six "what if" scenarios that should be considered by landlords and tenants when negotiating Work Letters.

Features

Criminal Immigration Enforcement vs. Employers: Will It Be the New Normal? Image

Criminal Immigration Enforcement vs. Employers: Will It Be the New Normal?

Jacqueline C. Wolff

Increased enforcement of the immigration laws that impact on the hiring of employees is on the horizon.

Features

David vs. Goliath Image

David vs. Goliath

M. Rosie Rees & Tamara K. Hibbard

<b><i>How to Handle the Right of First Refusal of a Single Parcel in a Multiple-Parcel Package Deal</b></i><p>It is best for all parties to avoid litigation by clearly addressing the possibility of a transfer of more than just the property that is the subject of the right when that property is part of a larger parcel, or could be part of a package deal.

Features

Navigating the Bankruptcy Court's Power to Modify a Secured Creditor's Lien Image

Navigating the Bankruptcy Court's Power to Modify a Secured Creditor's Lien

David M. Hillman & James T. Bentley

This article focuses on the impact of the Bankruptcy Code's section 552, which addresses the effect of a bankruptcy filing on property acquired by the debtor after the filing of the bankruptcy case (referred to as "after-acquired property") and proceeds of pre-bankruptcy collateral.

Features

Make-Whole Mayhem Image

Make-Whole Mayhem

Jeffrey R. Gleit & Nathaniel R.B. Koslof

<i><b>Uncertain Treatment of Make-Whole Premiums Upon Bankruptcy-Induced Acceleration and Redemption of Indentures</b></i><p>Recently, tempted by attractive interest rates, certain borrowers have sought to use the bankruptcy process to shield themselves from their obligations to pay make-whole premiums contemplated by their indenture documents. Although certain courts have allowed crafty borrowers to shed unwanted make-whole obligations through the bankruptcy process, other courts refuse to sanction such manipulation.

Features

Avoiding the Hazards of Acquisition: Due Diligence in the Merger or Acquisition of a Product Manufacturer Image

Avoiding the Hazards of Acquisition: Due Diligence in the Merger or Acquisition of a Product Manufacturer

Ronald J. Levine & Clifford Tatum

As corporations continue to reshape at a rapid rate, due diligence groundwork concerning product liability issues can be critically important. This article addresses how deals can be structured, and the areas that need to be explored, when evaluating a potential deal from the perspective of product liability.

Features

The 'Panama Papers' and You<br><font size="-1"><b><i>Part Two of a Two-Part Article</b></i></font> Image

The 'Panama Papers' and You<br><font size="-1"><b><i>Part Two of a Two-Part Article</b></i></font>

Stanley S. Arkin & Robert C. Angelillo

Last month, the authors began a discussion of the legal consequences of the release of the so-called "Panama Papers," a trove of more than 11.5 million documents a whistleblower gave to a reporter at the German newspaper Süddeutsche Zeitung (SZ) in Spring 2016. The authors conclude their analysis herein.

Features

The 'Death Spiral' of Malls Image

The 'Death Spiral' of Malls

Eric S. Chafetz

It's impossible not to notice the vacancies when walking into a shopping mall in the United States. To stem the tide, certain mall owners in high-profile bankruptcy cases have addressed the retail bankruptcy trend in a unique and (virtually) unprecedented way.

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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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