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By Paul O. Lopez and Corey D. Cohen | January 23, 2025
As MCAs grow in popularity, there is concern about an increase in companies claiming to negotiate MCA terms on behalf of business owners. While these services may seem appealing, they come with inherent risks that business owners should carefully consider.
1 minute read
By Jeffrey B. Steiner and Scott A. Weinberg | January 14, 2025
Since guaranties are important parts of most transactions, careful attention should be paid to selecting your guarantor, drafting the applicable loan document provisions and monitoring the status of your guarantor so that timely action can be taken if needed to make a claim against an estate.
1 minute read
By David E. Kahen and Elliot Pisem | December 18, 2024
The authors write "Failure to document a transfer of funds between related parties as a loan may lead to the transfer's being characterized as something other than a loan for income tax purposes, notwithstanding the transferee's intent to repay the amount advanced."
1 minute read
By Adam Leitman Bailey and Dov Treiman | December 10, 2024
As a follow-up to their previous article published almost 15 years ago, authors Adam Leitman Bailey and Dov Treiman discuss the law of equitable subrogation including many of the possible consequences from this doctrine in foreclosure practice.
1 minute read
Delaware Business Court Insider
By Ellen Bardash | November 5, 2024
A subset of sexual abuse accusers whose compensation is a key part of the plan and a group of Boy Scout insurers—have spent years challenging third-party releases that were made part of a global settlement.
5 minute read
By Adam Leitman Bailey, Dov Treiman and Danny Ramrattan | October 8, 2024
Adam Leitman Bailey, Dov Treiman, and Danny Ramrattan discuss the limited applicability of usury defenses. They write: "In all, this area of the law is deceptively simple and the resolution of any case will require a close examination of the intricacies of the particular matter."
14 minute read
By Barbara M. Goodstein and Adam C. Wolk | October 2, 2024
As shown by the Zebra case, a plaintiff's status as a patent owner or a licensee plays a key role in the evaluation of the plaintiff's constitutional standing in a patent infringement case.
8 minute read
By Emily Cousins | September 25, 2024
"The Connecticut families have always sought a fair and equitable distribution of Free Speech System's assets for all of the families, and today's decision is a significant step forward," Chris Mattei of Koskoff, Koskoff & Bieder, one of the attorneys for the Connecticut plaintiffs, said. "[Free Speech Systems] will now be sold at auction, meaning Alex Jones will no longer own or control the company he built. This brings the families closer to their goal of holding him accountable for the harm he has caused."
3 minute read
By John Soumilas | September 20, 2024
In its recent decision in Freeman v. Ocwen Loan Servicing, No. 23-2512, the U.S. Court of Appeals for the Seventh Circuit upheld a district court's dismissal of a borrower's Fair Credit Reporting Act (FCRA) and Fair Debt Collection Practices Act (FDCPA) claims arising out of her mortgage servicer's erroneous reporting that her mortgage was in default.
9 minute read
By Jeffrey B. Steiner and Scott A. Weinberg | September 17, 2024
"While real estate publications and practitioners have written ad nauseam about the impacts of high interest rates on the commercial real estate industry, this article focuses specifically on how borrowers and lenders have gotten creative in negotiating and structuring interest rate hedges (namely interest rate caps), or avoiding them altogether."
6 minute read
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