As Foreclosure Relief Ends, California’s SB-1079 Back In The Spotlight
California’s recently enacted foreclosure reform laws promulgated under SB-1079 (the “Bill”) received much attention when it went into effect at the beginning of the year amid economic uncertainty stemming from the COVID-19 pandemic with many bracing for the possibility of...Continue reading→
Amicus Brief Filed by CFPB Requests Fourth Circuit to Avoid Creating a Home Loan Arbitration Loophole
The Truth in Lending Act (TILA) generally prohibits arbitration clauses in home loan transactions. Last year, a class action was filed in state court and later removed to federal court. (Lyons v. PNC Bank, N.A. (D. Md., Jan. 6, 2021)...Continue reading→
Does The Section 1111(b) Election Mean Different Things in Subchapter V Than in Traditional Chapter 11 Cases?
In re Body Transit, Inc., 2020 WL 4574907 (E.D. Penn. August 7, 2020) was one of the first published bankruptcy decisions involving the intersection between the so-called “1111(b) election” and subchapter V of chapter 11 of the Bankruptcy Code. This...Continue reading→
What more can the Fed do?
With coronavirus cases rising and Washington in partisan gridlock, the likelihood of more aggressive Fed action is rising As the coronavirus continues to wreak havoc, the US economy faces immense pressure in the near term due to surging Covid-19 cases...Continue reading→
SBA Creates Safe Harbor From Certification Review for Recipients of PPP Loans Less Than $2 Million
The Coronavirus Aid, Relief, and Economic Security (or “CARES”) Act includes a Small Business Administration (“SBA”) Paycheck Protection Program (“PPP”). The PPP was intended to provide unsecured loans on favorable terms to small businesses to pay their employees and other...Continue reading→
Does Your Website Offer “Equal Access”?
As the landscape of business and other services continue to evolve from physical brick and mortar stores to online websites, courts across the country have been seeing an increase in the number of cases regarding website accessibility under the Americans...Continue reading→
California’s Coming Rent Control Law
AB 1482 Explained In early September, 2019, the California legislature passed AB 1482, which would enact a statewide rent-control law and other eviction protections for renters. AB 1482 is part of the State’s efforts to reduce the cost of housing...Continue reading→
Increasing Client Requirements: Securing Law Firms for the 21st Century
Gone are the days of “basic security.” What used to be optional is now standard: two factor authentication, complex passwords, clean desk policies, data encryption at rest and in transit, mobile device management and up-to-the-minute patching. Clients expect these items...Continue reading→
Can Subsequent Creditors Rely Upon the Accuracy of Existing UCC-1 Financing Statements?
Collateral descriptions in Uniform Commercial Code (“UCC”) financing statements have been the genesis of numerous conflicts between creditors. The purpose of a financing statement is to give notice to subsequent creditors of a prior security interest in personal property . ...Continue reading→