Read Finance & Banking Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Dewey's Bankruptcy Lawyer: More Large Law Firms Will Fail
Bill on Bankruptcy: The Market's Unquenchable Thirst for Junk
License to travel: how regulation is benefiting business abroad
Greenberger: Derivatives Legislation Would Seriously Weaken Dodd-Frank
Bill on Bankruptcy: Lehman Test Case on Judicial Nullification
S&C's Cohen: Brown-Vitter Punishes Banks For Being Big
Cohen: Cyprus Is Not A Template For Future Restructurings
Release of new book on the 'Best Practices Under the FCPA and Bribery Act"
Buying and Selling Businesses in Today's Economy, Stephen Opler
Bill on Bankruptcy: Kodak Plan Bumps the Debt, Craters Stock
Deloitte: Turnarounds and Democracy Don't Mix
Lessons Learned from the Parker Drilling DPA and Ralph Lauren NPA
Zimmermann: Up to 20% of AmLaw 200 "Badly Weakened"
Bill on Bankruptcy: Lawyers Easily Make Simple Words Complicated
The New Normal: Taking Responsibility for Your Vendors
Raj Mahajan, Allston Trading CEO, Talks HFT and the Business of Prop Trading
Hot Topics for Waste-to-Energy Investors and Developers
Bill on Bankruptcy: Easterbrook Turns the Tide on Student Loans
Konczal: Dodd-Frank Reforms Get Roughed Up in Court
Bill on Bankruptcy: ResCap Report, a Bargain at $83 Million
Given the escalating costs of energy and increasing corporate focus on sustainability, building owners and occupiers are increasingly seeking ways to produce and use energy more efficiently....more
The United States District Court for the Northern District of Mississippi denied the motion of defendant ACA Financial Guaranty Corporation (ACA) to dismiss a class action complaint, finding that the issues were previously...more
The CFPB has ordered a Texas homebuilder, Paul Taylor, to surrender more than $100,000 he received in kickbacks for referring mortgage origination business to Benchmark Bank and to Willow Bend Mortgage Company....more
If you supply construction materials and/or equipment then you likely have encountered a joint check agreement. For those that have not yet encountered this arrangement, a joint check agreement is a credit facility...more
On 16 March 2013, new regulations came into force in relation to the Late Payment of Commercial Debts (Interest) Act.
Enacted to incorporate a recent EU Directive, these new regulations introduce a maximum payment...more
Lenders in Illinois might want to take note of pending Illinois House Bill 2804. The bill would amend the Mechanics Lien Act, so as to allow “bonding off” of mechanic liens for the first time in Illinois. Nearly every state...more
On April 3, the Federal Reserve Board and the OCC jointly published a white paper on the regulators’ study of bank performance in the context of 2006 interagency guidance regarding commercial real estate lending that...more
A mechanic's lien is a very powerful tool for prime contractors, subcontractors, suppliers, and laborers to seek compensation for work provided on construction projects. This tool, however, becomes excessive, invalid, and...more
There are significant changes to North Carolina’s mechanics’ lien statute that take effect on Monday, April 1, 2013. These changes impose new duties on property owners regarding the designation of a private lien agent on...more
As I have discussed in the past, North Carolina’s General Assembly recently introduced the concept of Mechanic’s Lien Agent (MLA) into our state’s lien laws to address so-called “hidden liens” that have long been a thorn in...more
In a recent decision from the California Court of Appeals entitled Jolley v. Chase Home Finance, LLC, the Court severely curtailed lenders’ ability to dispose of lender liability claims on summary judgment, thereby adopting a...more
Consider the following scenario: A prime contractor with a financially-shaky subcontractor agrees with the subcontractor's secured lender to make payments directly to the lender, but the word is not passed along to the...more
While many countries today would envy a 7.4 percent economic expansion rate, for China, the world’s second largest economy and the United States' second largest trade partner, that number suggests the lowest economic growth...more
Florida Statute section 718.503(1)(a)1. states, in relevant part, that a contract for the sale of a residential unit must...more
Originally published in the San Francisco Daily Journal - December 26, 2012.
If the sudden 2008 credit crunch can be likened to an earthquake, then the following flood of mechanics lien and stop payment notice...more
Last week, a jury in Los Angeles federal court in a case entitled FDIC v. Van Dellen, et al. found three former officers of the failed IndyMac Bank liable for $168 million in losses in construction loans suffered by the...more
Whenever an agreement is signed, careful attention must be focused on whether the contract or agreement in question properly addresses the issues facing the parties.
One common issue found in Infrastructure Ontario...more
Contractors, sub-contractors and suppliers all need to know how long they have to register their construction lien(s).
The time limits to register a construction lien under the Ontario Construction Lien Act are as...more
“The Rumble in the Jungle…” -
The favored method of developing and delivering completed construction projects in the United States has long been the design-bid-build method. Under this “traditional” method generally,...more
The Nevada Supreme Court issued an important decision on the relative priority of deeds of trust and mechanics' liens in cases of "broken priority." In re: Fontainebleau Las Vegas Holdings, LLC, 128 Nev. Adv. Op. 53 (Oct. 25,...more
On October 25, 2012, the Nevada Supreme Court, in a case of first impression, held that equitable subrogation cannot be used as a method to repair broken priority over mechanics' liens, but left the door open to the potential...more
The Oregon Court of Appeals in SERA Architects, Inc. vs. Klahowya Condominium, LLC, ___ Or. App. ___ (November 7, 2012), held that an architect’s claim of construction lien under Oregon’s Construction Lien Law had priority...more
Now that you know what Infrastructure Ontario is, what types of projects does Infrastructure Ontario fund? Infrastructure Ontario projects tend to fall within two types...more
In Utah, to obtain a waiver of lien rights from a subcontractor, material man, laborer, supplier or any other potential mechanics’ lien claimant, a lender should use the lien waiver and release form incorporated in Utah Code...more
What is a construction loan?
A construction loan is a short term loan that funds the construction of improvements to real property and is secured by a mortgage. Unlike a loan that finances the acquisition of property...more
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