News & Analysis as of

Choice-of-Law Loan Agreements

Lowenstein Sandler LLP

Drafter Beware: Recent New York Decision Reaffirms the Continuing Vitality of Public Policy in Enforcing Choice-of-Law Provisions

Lowenstein Sandler LLP on

Every day, attorneys act as advisors to parties negotiating and drafting contracts. Among those terms often left to the lawyers are choice-of-law provisions. Which state’s law governs a dispute, in theory, should not...more

Orrick, Herrington & Sutcliffe LLP

Brexit quale impatto sul mondo del finance

Il presente documento di approfondimento è il primo di una serie in cui verranno analizzate le implicazioni e i potenziali cambiamenti sotto il profilo legale conseguenti all'uscita del Regno Unito dall'Unione Europea....more

Cadwalader, Wickersham & Taft LLP

Marketplace Lending Update: Who’s My Lender?

Over the last several weeks, two notable cases in federal court challenging certain aspects of the business model of marketplace lending companies headed down separate paths. ...more

Troutman Pepper

Remand Decision in Madden v. Midland Funding Raises Questions Regarding Choice of Law Clauses in Consumer Loan Agreements

Troutman Pepper on

A careful parsing of state laws should be done if a lender is relying on a choice of law to avoid states that have criminal usury statutes. On February 27, the U.S. District Court for the Southern District of New York...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

Holland & Knight LLP

West Coast Real Estate Update: February 2017 #2

Holland & Knight LLP on

Jury Trial Waiver Undone by a Fundamental California Policy - It is common for commercial contracts to contain a choice of law provision. Some commercial contracts may even contain a clause that waives the right to seek...more

Allen Matkins

Court Of Appeal Voids Jury Trial Waiver Notwithstanding New York Choice of Law

Allen Matkins on

A New York state of mind, but California dreaming - A sophisticated lender and borrower negotiate a loan agreement in New York, the lender disburses the loan proceeds in New York, and both parties agree that New York law...more

Brooks Pierce

Business Court Enjoins Enforcement Of High Interest Rate Loans Made By American Indian-Related Business

Brooks Pierce on

Judge Gale's opinion last week in Western Sky in State v. Western Sky Financial, LLC, 2015 NCBC 84 has a little bit of everything in it: choice of law, the U.S. Constitution, claims for usury (excessive interest rates) and...more

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