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FTC Bans Non-Competes

On April 23, 2024, the Federal Trade Commission (“FTC”) adopted a Non-Compete Clause Rule (the “Rule”) that bans non-compete clauses between workers and employers as unfair methods of competition under Section 5 of the FTC...more

MH&H Finance & Law Newsletter, Vol. XI - January 2024

...What’s Next for Section 1071 Amid Court Delay?  Finance companies affected by the pending implementation of Section 1071 learned in late October 2023 that a Decision by the U.S. District Court for the Southern...more

MH&H Finance & Law Newsletter, Vol. X - March 2023

MH&H is helping clients stay informed of Commercial Finance Disclosure Law (CFDL) requirements. Robert S. Cohen, a partner of the firm who focuses his practice in secured lending, equipment and transportation finance, assists...more

MH&H Finance & Law Newsletter, Vol. IX

At the intersection of commercial finance, technology, and the law, this bi-monthly newsletter explores the emerging legal topics impacting the secured lending and equipment finance industry. Thought-leading attorneys from...more

MH&H Finance & Law Newsletter, Vol. VIII

At the intersection of commercial finance, technology, and the law, this bi-monthly newsletter explores the emerging legal topics impacting the secured lending and equipment finance industry. Thought-leading attorneys from...more

New York Appellate Court Puts Huge Road Block In Way Of Borrowers Seeking To Enjoin UCC Article 9 Sales

Over the last year, since the onslaught of the COVID-19 pandemic, we have continued to report on how the courts have handled efforts by lenders to address pandemic-related defaults, including by means of Uniform Commercial...more

MH&H Finance & Law Newsletter, Vol. IV - February 2021

The Courts’ View of UCC Article 9 Sales in The COVID-19 Environment Is Clearly Changing - While the world may be in a state of semi-paralysis waiting for a COVID-19 vaccine, the legal environment involving creditors’...more

No Get Out Of Jail Free Card: Courts Less Than Receptive To Force Majeure, Impossibility, and Other Defenses

The increase in loan and lease defaults in the wake of COVID-19 has brought to the forefront numerous legal defenses by borrowers and tenants, such as force majeure, impossibility, and frustration of purpose. Force majeure...more

The Courts’ View of UCC Article 9 Sales In The COVID-19 Environment Is Clearly Changing

While the world may be in a state of semi-paralysis waiting for a COVID-19 vaccine, the legal environment involving creditors’ rights has changed significantly during the past several months. In the beginning of the...more

Update On Lease Disputes & Covid-19: Is Covid-19 A Get Out Of Jail Card For Tenants?

The number of lawsuits in the New York Supreme Court, New York County, concerning leases between commercial landlords and tenants continues to rise in the wake of the COVID-19-related shutdowns, indelibly impacting the legal...more

Will Courts Allow Lease Cancellation In The Wake Of Covid-19?

Moritt Hock & Hamroff has been following the impact of the COVID-19 pandemic on creditors’ rights. On May 21, 2020, we reported on the pandemic’s impact on Uniform Commercial Code (“UCC”) Article 9 sales — specifically,...more

Lender Stayed From Proceeding With UCC Article 9 Sale

Moritt Hock & Hamroff recently reported on the impact of the COVID-19 pandemic on Uniform Commercial Code (“UCC”) Article 9 sales. Now, a second significant decision on this issue has been published. While our last alert...more

UCC Sales Held Not Subject To Cuomo Executive Order Barring Mortgage Foreclosures

A recent New York State Supreme Court judge has answered the question of whether Governor Andrew Cuomo’s Executive Order 202.8 precluding mortgage foreclosures for ninety (90) days, applies to Uniform Commercial Code (“UCC”)...more

Secured Lending Guidelines & Strategies In The Current Crisis

In the midst of the unfolding COVID-19 pandemic, much like during the financial crisis, the banking laws and regulations are being changed as fast as they can be written. There are orders and new programs seemingly daily. ...more

Equipment Lessor's Damages Calculation Ruled Unenforceable

In a related update, we called attention to risks and pitfalls to lenders and lessors when seeking prepayment premiums and other charges upon the occurrence of an event of default: Lenders Beware: Acceleration May Defeat...more

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