You are the CEO of a thriving technology company.  Your chief legal officer informs you that a well-heeled vender has stolen components of the intellectual property that is your company’s lifeblood.  However, litigation is expensive and the thief is prepared to engage in a costly war of attrition intended to exhaust and overwhelm your business…

You are the CEO of a thriving technology company.  Your chief legal officer informs you that a well-heeled vender has stolen components of the intellectual property that is your company’s lifeblood.  However, litigation is expensive and the thief is prepared to engage in a costly war of attrition intended to exhaust and overwhelm your business…

No Sure Thing! Ninth Circuit questions whether litigation funding advances made against a portfolio of cases runs afoul of New York usury laws. On June 11, 2020, the U.S. Court of Appeals for the Ninth Circuit certified a question for the New York Court of Appeals: whether a litigation financing agreement qualified as a “loan”…

On April 22, 2020, Bankruptcy Judge Sean H. Lane of the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”) issued an important opinion[1] regarding claim disallowance under Section 502(d) of the United States Bankruptcy Code (“Section 502(d)”).[2] In brief, the Bankruptcy Court, like other courts including the Third Circuit Court of…

Many lawyers have heard the one about the consultation with a new client.  Lawyer: “You have a pretty good case.  How much justice can you afford?”  It’s funny but it also distills a troubling reality – high stakes commercial claims are costlier to assert and the likelihood of success more uncertain than ever; clients are…

Formation of a limited liability company (“LLC”) is a popular and viable alternative to a corporation or a partnership. An LLC features both the limited liability of a corporation and the tax advantages of a partnership. In addition, the LLC model offers great flexibility in choosing the appropriate rules to govern unique businesses, including the option for…

In recent years merchants, regulators, banks and financial institutions, consumers and other parties have been keenly focused on “interchange fees” charged to merchants by issuers of credit or debit cards for any transaction in which the card is used for a purchase. Interchange fees typically consist of a percentage fee, based on the volume of…

Rimon Partners John J. Hanley and Douglas J. Schneller thoroughly summarize the considerations that lenders should take into account when deciding whether or not to participate in a loan. Read the full article here.

Default interest is a very common feature in all manner of lending transactions in today’s market.  However, few legal issues have created more confusion or generated more litigation.  Bankruptcy courts, in particular, have struggled with the issue but have failed to develop a consistent framework.  There are many pitfalls but a conscientious lender can take…

Rimon Partners, John Hanley and Douglas Schneller, have an important update titled “Top Ten Issues to Consider When Dealing with Loan Participations”. Loan participations can be an effective way for lenders to reduce their exposure to a borrower’s credit and manage their loan portfolios and liquidity, and for investors to acquire an interest in a loan without becoming a…