2026

Article courtesy of Ariel Emmanuel (King & Spalding)   In re Total Auto Financing LLC, 185 F.4th 123 (2026)   A lien holder and loan servicer that work with a limited liability company does not owe fiduciary duties to owners to properly manage such limited liability company’s loan portfolio. The plaintiffs Elshan Bayramov and Babak […]

Article courtesy of Ariel Emmanuel (King & Spalding) In re Aegis Asset Management, LLC, 182 F.4th 1364 (2026) A claimant cannot enforce notes absent a showing that it owns or holds such notes at the time it filed proofs of claim. Aegis Asset Management, LLC (the “Debtor”) filed for Chapter 11 bankruptcy in 2019. The […]

Article courtesy of Paige Forcier (Morgan Lewis)   Noonan v. CBW Lending, LLC, 107 Mass. App. Ct. 1104, 282 N.E.3d 1164 (2026) In 2005, Wonderland Greyhound Park Realty, LLC (the “Borrower”) entered into two mortgage financings secured by property in Revere, Massachusetts. The first financing consisted of an $8.82 million loan secured by a first […]

Article courtesy of Paige Forcier (Morgan Lewis)   LPP Mortg. Ltd. v. Underwood Towers Ltd. P’ship, 355 Conn. 316 (2026) In 1985, Underwood Towers Limited Partnership (the “Borrower”) leased land from the City of Hartford to construct two high-rise apartment buildings and obtained a $35 million mortgage loan to finance the project. Following defaults under […]

Compiled by Amy Beaudoin (Manulife) Membership Committee The Membership Committee is primarily responsible for reviewing applications for ACIC membership and recommending applicants who meet the College’s membership criteria to the Board of Trustees for approval. The committee considers the totality of a candidate’s responses in their application, with particular emphasis on (i) the portion of […]

Courtesy of Paty Ramirez (Rimon) Washington, D.C. is a city that rewards curiosity, where you’ll find world-class museums, vibrant neighborhoods, historic landmarks, and some of the country’s best dining, all within a walkable and surprisingly approachable downtown. Consider this your guide to stepping outside the tent and exploring the people, places, and experiences that make […]

Article courtesy of Tom Bannister, Justine Erickson, and Thomas Hill (Akin Gump) The position of His Majesty’s Revenue and Customs (“HMRC“) in the English law insolvency and restructuring framework has been a point of interest for practitioners over the years, as the promotion of a ‘rescue culture’ (as reflected in England’s insolvency and company laws) […]

Article courtesy of Michael Robson (Greenberg Traurig) BCL Properties, Inc. v. Boyle, 314 Neb. 607, 991 N.W.2d 626 (2023) Shawna Boyle hired BCL Properties, Inc. (“BCL”) to serve as general contractor on a residential project in Omaha, Nebraska. The parties entered into a written agreement and work commenced. As the job progressed, changes were made […]

Article courtesy of Michael Robson (Greenberg Traurig) American Family Insurance Co. v. NB Electric, Inc., et al., Case No. A24-0377 (Minn. App. Jan. 21, 2025) In February 2020, a homeowner, insured by American Family Insurance Company (“American Family”), hired Morningstar Remodeling LLC (“Morningstar”) to serve as general contractor for a residential project. Morningstar in turn […]

Article courtesy of Michael Robson (Greenberg Traurig) In re TW Automation, LC, 2024 Bankr. LEXIS 2955 (Bankr. D. Kan. Dec. 2, 2024) TW Automation, LC (“TW Automation”) pledged its assets to secure a loan from the U.S. Small Business Administration (“SBA”). When filing the UCC-1 financing statement, a third-party contractor for the SBA incorrectly identified […]

A message from the co-chairs of the 2026 Fall Annual Meeting and Education Conference, Chrissy Rittberg (Northwestern Mutual) and Amanda Hoffman (Chapman & Cutler): Step right up and join us for the ACIC’s Fall Annual Meeting and Education Conference! On behalf of the Board of Trustees and the Education Committee, we are delighted to invite […]

Article courtesy of Chiraag Kumar (MetLife) Meet the newest members of the American College of Investment Counsel! Mary Liz Brady is a partner at King & Spalding LLP representing financial institutions, private credit funds, alternative lenders, private equity sponsors and private and public companies in leveraged finance transactions, including in connection with acquisitions, refinancings, loan […]

Update courtesy of David Simonds and Edward McNeilly (Hogan Lovells) NNN Cap. Fund I, LLC v. Mikles, No. G064487, 2026 WL 1029889 (Cal. Ct. App. Mar. 20, 2026), reh’g denied (Apr. 16, 2026) In a majority decision, the California Court of Appeal (the “Court of Appeal”) vacated a trial court judgment affirming an arbitration award […]

Update courtesy of David Simonds and Edward McNeilly (Hogan Lovells) In re Mount Acadia Senior Props. LLC, No. BR 25-05308-JBM11, 2026 WL 319159, (Bankr. S.D. Cal. Feb. 5, 2026) The United States Bankruptcy Court for the Southern District of California (the “Bankruptcy Court”) granted a creditor’s motion to dismiss a debtor’s chapter 11 case after […]

Update courtesy of David Simonds and Edward McNeilly (Hogan Lovells) In re McHugh, No. BAP CO-24-20, 2025 WL 2779101 (10th Cir. BAP (Colo.) Sept. 30, 2025) In a non-precedential opinion, the Bankruptcy Appellate Panel for the United States Court of Appeal for the Tenth Circuit (the “BAP”) affirmed the decision of the United States Bankruptcy […]

Update courtesy of Stephen McNamara (Bracewell) In re The Container Store Group, Inc. (S.D. Texas – February 12, 2026) This case arises out of The Container Store Group, Inc.’s (“Container Store”) Chapter 11 bankruptcy filing and the third-party release provisions included in the prepackaged plan. The U.S. District Court for the Southern District of Texas […]

Update courtesy of Stephen McNamara (Bracewell) Wesco Aircraft Holdings, Inc. v. SSD Investments Ltd. (S.D. Texas – December 8, 2025) This case arises out of minority noteholders’ opposition to a multi-step liability management exercise (the “LME”) carried out by Wesco Aircraft Holdings, Inc. (“Wesco”). The U.S. District Court for the Southern District of Texas found […]

Article courtesy of Amy Hong, Shannon Geoghegan and Natalia Bafia (Greenberg Traurig) Introduction: The 2026 ACIC Spring Investment Forum brought together leading counsel and industry professionals for two days of timely, practical discussion under the theme “Because Investing Is Always in Season.” Framed with a sports‑inspired playbook, the Forum examined how legal, market, and ethical […]

Update courtesy of Rita Liu (ArentFox Schiff) Leadenhall Capital Partners LLP v. Advantage Capital Holdings LLC, 171 F.4th 155 (2d Cir. 2026) In May 2021, Leadenhall Capital Partners LLP and Leadenhall Life Insurance Linked Investments Fund PLC (together, “Leadenhall”), entered into a Loan and Security Agreement (“LSA”) with four special purpose investment entities (collectively, the […]

Update courtesy of Rita Liu (ArentFox Schiff) CPPIB Credit Investments II Inc. v. Deutsche Bank Trust Co. Americas, 2026 N.Y. Misc. LEXIS 2490 (Sup. Ct., N.Y. County Mar. 17, 2026) In April 2021, Lions Gate Entertainment Corp. (“Legacy Lions Gate”), issued approximately $1 billion of its 5.500% Senior Notes due April 2029 under an Indenture […]

Courtesy of Charles Calloway (Greenberg Traurig) Over the past two years, the Transaction Process Management Committee—co-chaired by current ACIC President Bryan Cho (VP and Associate General Counsel, MetLife) and Charles Calloway (Shareholder, Greenberg Traurig LLP)—led an update of all four ACIC Model Form Note Purchase Agreements to better reflect current market practice, evolving buy-side expectations, […]

Article courtesy of Ariel Emmanuel (King & Spalding) Cadence Bank v. Johnson, No. 24 10812 (5th Cir. Nov. 24, 2025). In July 2022, Bridgelink Engineering LLC defaulted on its loan obligations. The loans dated back to August 2021, when Bridgelink entered a $20 million loan agreement with Cadence Bank and a $14 million loan agreement […]

Article courtesy of Ariel Emmanuel (King & Spalding) Stermer v. Old Republic Nat’l Title Ins. Co. (In re ATIF, Inc.), No. 23-10850 (11th Cir. Nov. 24, 2025). In 2008, like many other entities impacted by the Great Recession, the Attorneys’ Title Fund Services, LLC (or “ATIF” for short) was struggling financially. As the Eleventh Circuit […]

Article courtesy of Ariel Emmanuel (King & Spalding) Westlake Flooring Co., LLC v. Miami Motorsports, LLC, 423 So.3d 894 (Fla. Dist. Ct. App. 2025). In 2014, Miami Motorsports, LLC (“Motorsports”), an auto dealership, executed a promissory note (the “Poleka Loan”) in favor of Poleka, Limited (“Poleka”), secured by a stock pledge agreement (“Poleka Pledge”) under […]

Article courtesy of Ariel Emmanuel (King & Spalding) In re Jet Oilfield Servs., 160 F.4th 679 (5th Cir. 2025). Jet Oilfield Services (“Jet”), a limited liability company, was formed by Brandon Smith, Lorne Mosely, and Brandon Wilkins in 2018. Shortly after its formation, Brian Owen (“Owen”) acquired 43% of Jet’s membership interests. As a minority […]

Article courtesy of Paige Forcier and Eleanor Shlonsky (Morgan Lewis) Cofine, S.A.P.I. de C.V., SOFOM E.N.R. v. McNish, No. 3:25-CV-00475 (SVN), 2026 WL 352448 (D. Conn. Feb. 9, 2026). In January 2023, the parties entered into a simple line of credit agreement under which Cofine, a Mexican corporation (the “Lender”), provided MML (the “Borrower”) a […]

Article courtesy of Paige Forcier and Eleanor Shlonsky (Morgan Lewis) M&T Bank v. 428 Hartford Tpk. Assocs., LLP, No. TTD-CV-24-6028908-S, 2026 WL 508788 (Conn. Super. Ct. Feb. 19, 2026). In 2016, 428 Hartford Turnpike Associates, LLP (the “Borrower”) entered into a mortgage note in favor of United Bank, secured pursuant to (1) a mortgage granting […]

  Courtesy of the Forum’s co-chairs, Dorothy Foster (Rimon) and Sarah Valenziano (PGIM) Get ready to suit up for ACIC Game Day, where this year’s conference unites top talent from across the country and around the globe, and challenges every participant to bring their A-game as we showcase the strategy, mastery, precision, and competitive edge […]

Article courtesy of Michael Robson (Greenberg Traurig) Estate of James D. Branch v. Kevin Rudolph, No. 368071, 2025 WL 868739 (Mich. Ct. App. 2025) Valerie Branch, as the personal representative of the Estate of James D. Branch (the “Estate”), filed a lawsuit against Kevin Rudolph, Safe Transportation, LLC (“STL”), and Safe Transportation 4, LLC (“ST4L”). […]

Article courtesy of Michael Robson (Greenberg Traurig)   Salfinger v. Fairfax Media Limited, 367 Wis.2d 311 (Wis. Ct. App. 2016) In October 2010, the Sydney Morning Herald, published by the Fairfax parties, ran an article discussing the family behind the Yellow Tail wine brand. The article referenced Roderick Salfinger (“Salfinger”) and included a statement that […]

Article courtesy of Michael Robson (Greenberg Traurig) Price v. High Pointe Oil Co., Inc., 493 Mich. 238 (Mich. 2013) Price Beckie Price (“Price”) owned a residence in DeWitt, Michigan that was originally heated by an oil furnace. In 2006, Price replaced the oil furnace with a propane furnace and discontinued oil service, although the oil fill […]

LIABILITY MANAGEMENT IN EUROPE What to Watch in 2026 Article courtesy of Barry Russell, Tom Bannister, Chris Parrott, Dan Fisher, Charlie Hely, Jaisohn Im, Hermione Allen, Justine Erickson and David Califano (Akin) What Is “Liability Management”: A Refresher Liability Management is a term that has been in use for years and traditionally referred to routine […]

  Compiled by Danielle Maksimow, Norton Rose Fulbright Canada LLP Membership Committee The Membership Committee is primarily responsible for reviewing applications for ACIC membership and recommending applicants who meet the College’s membership criteria to the Board of Trustees for approval. The committee considers the totality of a candidate’s responses in their application, with particular emphasis […]

Contributed by Andy Christianson (Reinhart Boerner Van Deuren s.c.) During the ACIC’s 2025 annual meeting, the following individuals were elected to serve the positions set forth below.  Please join the ACIC in congratulating and welcoming its newest officers and trustees. President: Bryan S. Cho (MetLife) Bryan Cho is Vice President & Associate General Counsel at […]

  Hello everyone!  The holiday season already feels like a distant memory, and I hope 2026 has gotten off to a great start!  It is a privilege to be involved with the ACIC and the valuable relationships and content that it provides for our members. Before looking ahead to this year and beyond, I want […]