Disclosure Laws: NY Regulations Finalized, Certain Bank Subsidiaries Now Exempt, and Law Only Applies To Recipients Located Or Managed From New York- Prepare Now For Aug 1 Compliance
MH&H is helping clients stay informed of upcoming Commercial Finance Disclosure Law (CFDL) requirements as new information becomes available. Robert S. Cohen, partner of the […]
Julia Gavrilov Reviews Citibank’s Billion Dollar Blunder Case in Recent Article
Writing in Equipment Finance Advisor and ABL Advisor, Partner Julia Gavrilov covers the latest developments in Citibank, N.A.’s case against a group of Revlon, Inc. […]
Q&A On Preparing Now For 1071 – Brett Garver Answers Key Questions, Notes Heavier Burden On Smaller Lenders
Amid concerns about Section 1071’s potential impact on the secured lending and equipment finance industries, Brett Garver answers key questions about the new requirements and […]
Theresa Driscoll Shares Insights On A Recent Lender Liability Decision With ABF Journal
Moritt Hock & Hamroff Partner Theresa Driscoll’s recent article in the ABF Journal examines a recent lender liability decision in the Bailey Tool & Manufacturing […]
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.
Litigation-Ready Caveats For Stock And Asset Purchase Deals
When entering into a stock purchase agreement or asset purchase agreement, both the purchasers and the sellers should be mindful that no matter how straightforward […]
Corporate Diversity & Inclusion Efforts Grow with Data Transparency
Studies have consistently shown that increased diversity and inclusion often leads to increased corporate profitability. The demand for diversity is partly driven by the vast […]
Healthcare Lender Alert: New Law Impacts New York State Nursing Homes
As part of its recent budget, New York State has enacted a new law that significantly impacts nursing home operators in New York. Effective January […]
Alert: Multiple Updates to the Paycheck Protection Program
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law providing, among other relief, up […]
Alert: Paycheck Protection Program FAQs On Loan Forgiveness & Processing Of Forgiveness Applications
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law providing, among other relief, up […]
Alert: Paycheck Protection Program Application Deadline Extended
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law providing, among other relief, up […]
Update To Paycheck Protection Program (PPP) Loan Forgiveness Application
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law providing, among other relief, up […]
Paycheck Protection Program Update: Loan Forgiveness Application Released By SBA
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law providing, among other relief, up […]
No Tax Deduction For Expenses Paid With Forgiven PPP Funds
While the IRS rules that otherwise deductible expenses are not deductible, Congress discusses a legislative fix. The Internal Revenue Service (IRS) has issued Notice 2020-32, […]
Paycheck Protection Program Reauthorization and The Paycheck Protection Program & Health Care Enhancement Act
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law providing, among other relief, up […]
Update: U.S. Department Of The Treasury Releases Paycheck Protection Program Loan Application & Guidance Sheets
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law providing, among other relief, up […]
SBA Rules Carve Out Banks & Other Lenders From PPP Eligibility
The Interim Final Rule issued late last week by the SBA limits the availability of PPP loans to businesses engaged in certain activities. Among them […]
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 […]
U.S. Department Of The Treasury Releases Paycheck Protection Program Loan Application & Guidance Sheets
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law providing, among other relief, up […]
Cares Act & The SBA Paycheck Protection Program
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law providing, among other relief, up […]
Federal Stimulus Bill Amends Bankruptcy Code Provisions To Allow Greater Access To Bankruptcy Relief For Individuals & Small Businesses Impacted By COVID-19
On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) which legislation, among other things, gives […]
Coronavirus Aid, Relief, & Economic Securities (Cares) Act Payroll Protection Loans
The CARES Act which was already passed by the Senate passed in the House of Representatives on Friday, March 27, 2020 and will be signed […]
Lender Alert: Commercial Finance Disclosure Legislation In New York State Merits Watching
If passed, proposed New York State Senate Bill S5470 (“the Bill”) would impose a disclosure requirement upon certain New York commercial lenders. This proposal follows […]
Lender Alert: Commercial Finance Licensing Legislation In New York State Merits Watching
A bill recently introduced in the New York State Senate (S6688) would vastly expand the reach and scope of the licensing regime applicable to effectively […]
Women In Leasing Demonstrate Inclusivity’s Benefits
The Equipment Leasing and Finance Association (ELFA) saw its highest attendance by women at its annual convention in Washington, D.C., this past October: women comprised […]
New York’s New Confession Of Judgment Law & The Unintended Consequences Of Its Residency Requirements
A recent amendment to the Confession of Judgment law in New York State could have a significant effect on litigation and settlement strategies for creditors […]
Countdown To The Small Business Reorganization Act Of 2019: New Law Taking Effect In February 2020 May Make Chapter11 Reorganization A Viable Option For Small Businesses
In February, a new bankruptcy chapter directed at small businesses will take effect. The Small Business Reorganization Act of 2019 (SBRA) was signed into law […]
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 […]
The Realities Of Accession Priority
Lenders often finance items that are installed in and/or affixed to their customers’ other leased or financed assets. When these items, known as “accessions,” are […]
We Do Know Libor Is Going Away-But Here’s What We Don’t Know Yet
LIBOR (or the London Inter-bank Offered Rate), the most widely utilized reference rate for financial transactions in the world, will cease to be quoted at […]
Electronic Signatures: The Time Is Now
What you don’t know can hurt you—at least if you have somehow managed to ignore or avoid the benefits of creating and embracing electronic signatures. […]
Equpment 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 […]