News Archive

Posted: October 7, 2019
Posted: October 1, 2019
Fifth Circuit determines priorities of liens on agricultural products
Posted: October 1, 2019
Texas Supreme Court holds that waiver of the statue of limitations with respect to anti-deficiency laws was not void against public policy
Posted: September 26, 2019
Posted: September 26, 2019
The sweeping California Consumer Privacy Act of 2018 (the "CCPA") takes effect on January 1, 2020 and the state will begin enforcement as of July 1, 2020. By granting California consumers expanded control over their personal information, the law imposes strict and novel obligations on all qualified businesses that gather, use or sell such data.
Posted: September 26, 2019
Diamond Enterprises, Ltd. v. Michael Younessi (In re Michael Younessi), BAP No. CC-18-1337-FLKu (B.A.P. 9th Cir. July 10, 2019)
Posted: September 26, 2019
Odyssey Reinsurance Co. v. Nagby, 2019 U.S. Dist. LEXIS 111794 (S.D. Cal. July 2, 2019)
Posted: September 26, 2019
Hernandez v. Enterprise Rent-a-Car Co., 2019 Cal. App. LEXIS 618
Posted: August 30, 2019
Creditor does not have a perfected security interest in Debtor’s property when it files a UCC-1 Financing Statement which lists inaccurate identifying information for the Debtor and does not adequately describe the collateral. In re WasteTech, 2019 WL 2351877 (Bankr. N.D. Ga. May 31, 2019).By: Jeff Dutson (King & Spalding)
Posted: August 29, 2019
Debtor’s pledge of his partnership interest was unenforceable under Delaware law and the proof of secured claim filed by the Creditor was disallowed. The North Carolina court looked beyond the Security Agreement’s choice of law provision and to the local law of the state of incorporation. In re James Alexander Mason, Jr., 600 B.R. 765 (Bankr. E.D.N.C. 2019).By: Jeff Dutson (King & Spalding)
Posted: August 29, 2019
Eleventh Circuit held that New York UCC provision does not give rise to a private right of action to a secured party that was not an assignee of an account.  Durham Commercial Capital Corp. v. Ocwen Loan Servicing, LLC, No., 17-15572, 2019 WL 2290886 (11th Cir. May 29, 2019).By: Jeff Duston (King & Spalding)
Posted: August 29, 2019
Takeaways for Private Placement Investors following PG&E’s BankruptcyBy: Chiraag Kumar (MetLife)Private placement investors that often negotiate “anti-Cookson clauses” and “Adelphia provisions” are reminded that bankruptcy proceedings (such as those of namesakes Cookson Group and Adelphia Communications) often lead investors to re-examine their financing agreements in order to address areas of risk that were otherwise thought to be covered-off.
Posted: August 28, 2019
Letter of intent communicating intent not to be bound until execution of final acquisition documents precluded formation of a binding contract of sale, notwithstanding the words, actions and performance of the parties. Gulf Coast Hospice LLC v. LHC Group Inc., 273 So.3d 721 (Miss. 2019).By: Jeff Dutson (King & Spalding)
Posted: August 28, 2019
No damages were found where failure to deliver notice of default was not proximate cause of Lender’s claimed damages and Lender failed to take steps to mitigate losses. In re Lexi Development Company, Inc., Case No. 10-27573-BKC-AJC, 2019 WL 2426454 (Bankr. S.D. Fla. June 6, 2019).By: Jeff Duston (King & Spalding)
Posted: August 28, 2019
Waiver of jury trial provision in a loan agreeement did not apply to tortious interference with contractual relations claim despite broad jury trial waiver provision. KLP Enterprises, LLC v. Sassani, 2019 WL 2548135.By: Kevin Braun (Morgan Lewis)
Posted: August 28, 2019
Lender who assigned its interest in a note prior to filing replevin action for collateral securing the note had its action dismissed for lack of standing despite attempted substitution of assignee as plaintiff.   Ion Bank v. J.C.C. Custom Homes, LLC, 189 Conn.App. 30 (2019).By: Kevin Braun (Morgan Lewis)
Posted: August 28, 2019
Appeals court holds that a holder of a note cannot charge a prepayment premium upon acceleration unless the note clearly provides for it. Forty Pine, LLC v. Country Bank for Savings, 95 Mass.App.Ct. 1108 (2019).By: Kevin Braun (Morgan, Lewis)
Posted: August 28, 2019
Committee ReportsBy: Mikhel Schecter (Paul Weiss)Membership Committee
Posted: August 5, 2019
Posted: July 31, 2019
Cedar Square L.L.C. v. TCF National Bank, No. 16-1076, 2018 WL 4496327 (E.D. Wisc. Sept. 19, 2018)
Posted: July 31, 2019
Cohen v. Chernushin et al, (In re Chernushin), 2018 WL 6729716, 66 BCD 159 (10th Cir. 2018)
Posted: July 31, 2019
Desai v. Hanmi Bank, No. 1803621, 2018 WL 5264223 (E.D. Ill. Oct. 23, 2018)
Posted: July 30, 2019
Together with the Board of Trustees and the Education Committee, co-chairs Nicole Windsor and Alfredo Cantoral invite you aboard as we embark on a grand adventure through key destinations on an insurance company’s investment roadmap, together with the ACIC’s 2019 Annual Meeting, on October 17th and 18th. 
Posted: July 30, 2019
In re Energy Future Holdings Corp., et al. v. Morgan Stanley Capital Group, Inc., No. 18-1957, 2019 WL 2535700 (3d Cir. June 19, 2019)Overview:
Posted: July 30, 2019
In re Paragon Offshore PLC, 598 B.R. 761 (D. Del. 2019)Overview:

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