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LJN Newsletters

  • It seems clear that bankruptcy filings inevitably will increase in the near future, because of rising interest rates, pandemic-related micro-economic forces, global strife, and other macro-economic factors and their continuing strain on the global economy and individual businesses. Consequently, strategic buyers and private equity sponsors should find expanding opportunities to purchase distressed businesses out of bankruptcy.

    July 01, 2022Joel H. Levitin and Richard A. Stieglitz Jr.
  • There's no doubt that much of the legal industry's profit gains are simply the result of surging demand. But smart firms were also able to harness booming demand to push through rate increases, owing to clients who were desperate to see their deals go through. There's no doubt that the firms taking advantage of this confluence are in an enviable position. That doesn't mean they are sitting on their laurels.

    July 01, 2022Dan Packel
  • The U.S. economy is "still strong" and will support commercial real estate space demand, though inflation will remain a multi-year headwind, forcing the Fed to tighten monetary policy. And though rising interest rates may restrain CRE transaction activity, it won't be on a broad basis, with effects most visible in the property types and markets with the most aggressive pricing run-up over the last few years.

    July 01, 2022Lynn Pollack
  • A recent opinion in Illinois raises the question of whether spoliating parties should be encouraged to present the following defense at trial: "Ladies and gentlemen of the jury, yes the main evidence of this case has been destroyed, but it's only because my client and my law firm are completely incompetent when it comes to preserving electronic evidence."

    July 01, 2022Eric P. Mandel
  • While regularly used among lenders, manufacturers, and dealers, treatment of Inventory financing program agreements in bankruptcy is not uniform, and uncertainty exists with respect to how such agreements may be treated in the context of a manufacturer's Chapter 11.

    July 01, 2022Ann Pille, Richard Tannenbaum, Alexis Leventhal and Emily Costantinou
  • Inflation revs up the acceleration engine and, as a response, the Fed makes the biggest single hike in interest rates in four decades, with the promise of more to come. The changes in monetary policy are causing rising issues for capital markets and financing for commercial real estate.

    July 01, 2022Erik Sherman
  • Two recent Chinese laws — the Data Security Law (DSL) and the Personal Information Protection Law (PIPL) — include provisions aimed at restricting the cross-border transfer of China-based data foreign enforcement and judicial authorities. U.S. courts have not yet addressed whether these data protection and privacy laws could bar the production of documents in civil contexts involving governmental litigants or in criminal proceedings.

    June 01, 2022Jeff Pade and Lindsey Dieselman