News & Analysis as of

Risk Mitigation Joint and Several Liability

Moritt Hock & Hamroff LLP

A Guaranty for Every Need: An Overview of the Variety of Loan Guaranties-and How to Select the Right One

Underwriting a commercial credit facility is a process of weighing various risk mitigators until the lender is satisfied that the potential for loss is within its tolerance. By evaluating collateral value, credit history,...more

Shumaker, Loop & Kendrick, LLP

Client Alert: A House Divided: New Risks to Lenders Under Delaware LLC Law

Recent changes to the Delaware Limited Liability Act (the “Act”) will require modification to Lenders’ forms of loan documentation, at least as they relate to loans to Delaware LLCs. The Act was amended effective as of August...more

Sullivan & Worcester

New Delaware LLC Right of Division

Sullivan & Worcester on

To maintain its national preeminence, the Delaware Legislature recently amended the State's Limited Liability Company Statute to grant Delaware LLCs a right which will be of concern to lenders. It amended its LLC law to...more

Foster Garvey PC

Resources for Doing Business in the United States - Installment #11- Environmental Protection

Foster Garvey PC on

Foreign clients investing in the U.S. know there are risks of litigation and conflict that they might not anticipate when conducting business at home. One area, however, that is usually a particularly rude surprise are the...more

Dechert LLP

Do You Know Who Your Employees Are? Joint Employer Liability Under the FLSA and Other Employment Laws

Dechert LLP on

As private equity firms become more involved in the operations of their portfolio companies, they are increasingly at risk of being deemed joint employers of their portfolio companies’ employees, leaving private equity firms...more

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