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April 09, 2024 | New York Law Journal

Foreclosure Abuse Prevention Act in a Nutshell

Adam Leitman Bailey and John Desiderio examine the background leading to the FAPA legislative amendments and how they have been construed, in recent Appellate Division decisions, where courts have been required to determine their application.
19 minute read
April 04, 2024 | New York Law Journal

Deal Watch: Latham, Weil Lead Home Improvement Deal; Dealmakers Face Election Headwinds

While the previous few weeks have shown strong M&A volume, this past week underscores that nothing can be taken for granted about the deal market in 2024.
8 minute read
April 02, 2024 | The American Lawyer

Deal Watch: Latham, Weil Lead Home Improvement Deal; Dealmakers Face Election Headwinds

While the previous few weeks have shown strong M&A volume, this past week underscores that nothing can be taken for granted about the deal market in 2024.
8 minute read
March 12, 2024 | New Jersey Law Journal

Cyberattacks and the Role of Fiduciaries Under the Employee Retirement Income Security Act

"There has been increasing recognition that the fiduciary duties imposed under ERISA apply fully to cyberattacks targeting retirement accounts," write Gary S. Young and Patrick A. DaSilva of Mandelbaum Barrett.
8 minute read
February 20, 2024 | The American Lawyer

Simpson Thacher Hires 5-Lawyer Bank M&A, Regulatory Team From Skadden

Sven Mickisch, who was co-head of the financial institutions group at Skadden, will now serve as managing partner of Simpson's financial institutions practice.
3 minute read
February 20, 2024 | New York Law Journal

Trends In Real Estate Litigation, Part 1: Statutes of Limitations

This four-part series will examine how litigation impacts various aspects of practice in the real estate industry. It will also explore how even well-informed parties (and their counsel) frequently trip up by not anticipating how New York's courts will apply the law in their situation. This first article in the series will discuss some of the hazards of statutes of limitations, which have an appearance of simplicity that can be deceptive.
7 minute read
January 03, 2024 | New York Law Journal

'A Monumental Impact': Milonas, Chair of NY Judicial Nominating Commission, Dies at 87

E. Leo Milonas, a longtime partner at Pillsbury, oversaw the formation and implementation of the Supreme Court's Commercial Division.
7 minute read
December 05, 2023 | New York Law Journal

Statute of Limitations for Mortgage Foreclosure Actions; Illegal Lockout Proceeding: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Bank of N.Y. Mellon v. DeMatteis," where the court held that the bankruptcy stay pursuant to Section 362(a)(1) (§362) "tolls the [statute of limitations] for commencing a mortgage foreclosure action against the defendant debtor, regardless of whether that defendant owns the property at the time of the bankruptcy filing," and "Knowles v. 21st Mtge. Corp.," a landlord-tenant case where the court held that the tenant's failure to pay bills did not constitute abandonment of property.
19 minute read
November 21, 2023 | New York Law Journal

Expanding the Scope of 'Securities-Related' Exception to the Class Action Fairness Act

In 'Krasner', the Second Circuit considered whether the securities-related exception to the federal jurisdiction conferred by CAFA prohibited removal to federal court of a class action alleging aiding and abetting the breach of fiduciary duties and tortious interference claims. This decision is another instance where the circuit has adopted an expansive interpretation of the exception.
7 minute read
October 31, 2023 | Law.com

DIP Financing and Liens On Avoidance Actions

The Eighth Circuit's decision in Simply Essentials has practical significance for Chapter 11 debtor in possession (DIP) lenders. U.S. Trustees and unsecured creditors regularly object to the granting of liens on avoidance actions, but this and other appellate rulings should now eliminate the purported legal obstacle.
9 minute read

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