Columns & Departments
Real Property Law
Exclusion for Zoning Regulations Bars Title Insurance Claim Transfer of Residential Properties Not a Fraudulent Transfer Property Owner on Constructive Notice of City's Relocation Lien Fraudulent Transfer Finding Upheld
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Second Circuit Expands Federal Class Actions for Mortgagors
The Second Circuit recently held that a bare violation of mortgage satisfaction recording statutes without a demonstration of actual injury conferred federal jurisdiction, meaning that a mortgagor now has the ability to bring a class action in federal court. Thus, statutes designed to be merely remedial in nature can now be used punitively against lenders and servicers.
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Supreme Court's Denial to Hear Student Debt Discharge Case Leaves Ambiguity
With federal student loan forbearance set to expire at the end of September, many hoped the high court would provide, if not clarity, at least uniformity for the millions of Americans who currently are on the hook for student loans.
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Abbreviated Name Makes UCC Financing Statement Defective
In In re Bryant, the U.S. Bankruptcy Court for the Middle District of Georgia determined that a lender's UCC-1 financing statements were "seriously misleading" under the Georgia Commercial Code because the financing statements identified the individual debtor with his middle name abbreviated.
Columns & Departments
Players on the Move
A look at moves among attorneys, law firms, companies and other players in entertainment law.
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Applying Scientific Method to E-Discovery Growth
This article discusses scientific method as it applies to the growth of e-discovery and its protocols.
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Stakeholders: How to See Things from the Client's Perspective
Without hearing the Voice of the Customer (or Client), we risk missing the mark in our strategy, messaging and positioning, as well as delivery of work, product and service, operations, technology, staffing and so forth — in short, we potentially miss on everything.
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Mutual Legal Assistance Treaties Are Best Option for International Subpoenas
One provision of the AMLA was added with little fanfare and minimal discussion, yet it could have a significant impact on foreign financial institutions doing business in the United States.
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USPTO Looking to Beef Up Its Own Trademark Protection
The agency announced that the Department of Commerce has applied to register the USPTO's marks in a bid to crack down on scammers who are impersonating the agency.
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Voice of the Client: Stakeholders: How to Hear the Voices of the Clients and See Things from their Perspective
Without the Voice of the Customer (or Client), we risk missing the mark in our strategy, messaging, and positioning, as well as delivery of work, product and service, operations, technology, staffing, and so forth — in short, we potentially miss on everything.
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- 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 ›
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