Current Issues in Syndicated Lending: Defaulting Lenders and the Failure to Fund
The adverse impact of the current market disruption on many financial institutions has given rise to an increased risk of the occurrence of lenders defaulting on lending obligations. This, in turn, has placed unexpected focus both on the effectiveness of defaulting lender provisions and certain other funding and management mechanics of many syndicated credit agreements.
Features
Appreciation in Separately Owned Home Values
With the dual objective of creating certainty and enhancing the possibilities for settlement, the authors set forth herein a formulaic approach to the division and distribution of the appreciation in value of a separately owned residence (SOR).
Cooperatives & Condominiums
In-depth analysis of recent rulings.
Index
Everything contained in this issue, in an easy-to-read format.
Features
Recording Mortgage Fraud
Mortgage fraud, which usually starts with a forged deed or a deed obtained by fraudulent means, is a burgeoning national problem. The title industry has good reason to complain and is definitely receptive to any efforts that reduce fraud in the real estate marketplace. The devil, however, is in the details.
Features
Litigation
Recent rulings of interest to you and your practice.
Federal Judge Critical of Firm's Fee Petition in Custody Case
In the current economic crisis, requests for attorney fees are being examined even more closely. A federal judge recently sharply rebuked a team of lawyers for filing an "excessive" fee petition after winning an international custody case, saying their bill of more than $163,000 in fees and expenses was simply too large for a "garden variety" custody battle.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (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.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe 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.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›