Secured Lender
By: Bradley S. Fuson and Patrick J. Fagan
on September 6, 2023
OVERVIEW
On August 24, 2023, the United States Court of Appeals for the Second Circuit (the “Second Circuit Court”) ruled that syndicated term loans are not considered to be “securities” – meaning syndicated loans are not subject to federal securities regulations or state-specific securities…
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By: Bradley S. Fuson and Patrick J. Fagan
on May 16, 2023
With the end date for the London Interbank Offered Rate (LIBOR) less than two months away (June 30, 2023), lenders and borrowers are busily revising their loan documents in anticipation of this deadline. Although a large proportion of legacy loans in the loan market still reference LIBOR, most new…
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By: Laurie A. Martin Montplaisir and Brett J. Ashton
on February 13, 2023
The New York Department of Financial Services (“NYDFS”) finalized the New York Commercial Finance Disclosure Law (“NYCFDL”) regulation on February 1, 2023. The NYCFDL disclosure rule (“NY Disclosure Rule”) is effective on August 1, 2023, and with few exceptions, closely tracks disclosure…
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By: Bradley S. Fuson
on November 8, 2022
On September 29, 2022, the Financial Crimes Enforcement Network (FinCEN) issued a final rule (Final Rule) implementing Section 6403 of the Corporate Transparency Act (CTA) (which was initially enacted on January 1, 2021 as part of the Defense Authorization Act for Fiscal Year 2021) that requires…
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By: C. Daniel Motsinger
on June 24, 2022
As noted in our prior Alerts, the Coronavirus Aid, Relief and Economic Security Act (“CARES Act”), which became law March 27, 2020, included various COVID-19 pandemic-related bankruptcy relief provisions which sunsetted on Saturday, March 27, 2021, but were extended by the “COVID-19 Bankruptcy…
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By: Brett J. Ashton and Libby Yin Goodknight
on June 8, 2022
While commercial businesses are typically aware of their responsibilities under the Americans with Disability Act (the “ADA” or the “Act”) relative to the maintenance of their physical office spaces and general corporate policies, some businesses have been the recipients of demand letters alleging…
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By: Ann Marie Woolwine and Kyle P. Chambers
on January 28, 2022
Trillions of dollars are tied up in lending contracts that rely on the London Interbank Offered Rate (“LIBOR”) as their benchmark rate. On June 30, 2023, LIBOR will no longer be published in any capacity.1 Many LIBOR-based contracts contain inadequate provisions, or none at all, to deal with the…
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By: C. Daniel Motsinger and Robert A. Greising
on November 18, 2021
Credit risk issues permeate supply chain relationships in both directions. Current circumstances seem to exacerbate these considerations as the supply chain and pervasive pandemic effects continue to impact all sectors at all levels. The following outline identifies some potential problems and…
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By: C. Daniel Motsinger
on November 16, 2021
As noted in our two earlier Alerts, “CFPB Issues Finalized Changes to Regulation F to Implement the Fair Debt Collection Practices Act,” December 16, 2020, and “CFPB Proposes Two Measures to Address Ongoing COVID-19 Pandemic Concerns,” May 13, 2021, the Consumer Financial Protection Bureau’s (…
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By: C. Daniel Motsinger
on November 12, 2021
As noted recently by some United States Bankruptcy Courts, effective December 1, 2021, the Director of the Administrative Office of the United States Courts (the “AO”) has designated any entity that receives 100 or more paper bankruptcy notices in a single calendar month as a high-volume paper…
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