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Choice-of-Law Borrowers

A&O Shearman

The Scope of Article 8 Mandatory Choice-of-Law Rule

A&O Shearman on

The scope of the mandatory choice-of-law rule set forth in Uniform Commercial Code (UCC) section 8-110(a)(1), which provides that “the local law of the issuer’s jurisdiction . . . governs . . . the validity of a security,” is...more

Clark Hill PLC

2017 Arizona Case Law Affecting Commercial Real Estate and Lending

Clark Hill PLC on

The following information accompanies a presentation Mike gave to members of the Arizona Commercial Mortgage Lenders Association (ACMLA) on October 10, 2017. Arizona Case Law – Late Fees and Liquidated Damages Provisions -...more

Manatt, Phelps & Phillips, LLP

Borrower Wins Key Victory in Madden v. Midland

A federal judge has ruled that New York law—not Delaware law as the parties agreed in the initial loan agreement—applies to the defaulted borrower's claims and has certified a class action against the debt collector....more

Ballard Spahr LLP

Choice of Law and Commerce Clause Do Not Bar Minnesota Regulation of Internet Loans, State Court Rules

Ballard Spahr LLP on

A recent Minnesota state court decision serves as a painful reminder to Internet lenders of the perils of relying on choice-of-law provisions or arguments citing the Commerce Clause of the U.S. Constitution to avoid...more

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