Posts about "Publication"

Valuing Crypto in the Bankruptcy Multiverse

The recent bankruptcy filings by several major crypto platforms have given rise to unexpected realities for customers and investors. The sudden change in rights, legal exposure in bankruptcy litigation and varying outcomes in the several different proceedings can be reminiscent of a Hollywood multiverse where infinite realities are possible. Perhaps the area in which an alternate reality is most...

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Debtors Without a Cause: Whether Non-Distressed Entities Can Access Bankruptcy

The benefits afforded debtors in bankruptcy are so compelling that businesses have initiated bankruptcy proceedings without experiencing insolvency or imminent financial distress. But do such businesses have the right to do so? With no express guidance under the Bankruptcy Code, and no bright line ruling from the courts, the door is open for creditors to challenge bankruptcy cases filed in these...

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A New Push To Clear Up Marijuana’s Foggy Legal Status

Although marijuana is now legal for recreational or medical use in 37 states, it is still a federal crime to grow, sell or possess marijuana. With Congress unable to come to an agreement on marijuana's legal status, the Biden administration has been considering other means at its disposal to change its legal status. Following the recommendation from the U.S. Food and Drug Administration last...

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Knowledge Is Power: Accessing Loan Information in Troubled CMBS

If the days of “extend and pretend” actually come to an end for commercial real estate loans this year, there will be a greater focus on investors’ rights to information regarding troubled properties.

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Regulatory Shift May Offer Lifeline To NY's Cannabis Industry

New York's recreational cannabis industry has the potential to be a multibillion-dollar industry. Yet, in the first year of legality, New York cannabis is struggling to generate the expected tax revenues for the state government, with a meager $70 million in legal sales as of August. This may come as a surprise to New Yorkers, who have become accustomed to seeing dispensaries on virtually every...

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Valuation and Regulation Risks and Opportunities in Commercial Real Estate

Adverse market conditions and lower valuations are creating litigation risks for commercial real estate (CRE) deal parties, particularly in the office sector. At the same time, opportunities exist for refinancing and a rebound in value where regulations can be eased or adapted to help CRE survive and thrive through the post-pandemic storm.

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How Valuation and Materiality Become Catalysts for CRE Litigation

An inescapable result of high interest rates and post-pandemic trends is downward pressure on commercial real estate valuations, especially in the office sector. Given commercial mortgage-backed securities and other deal structures in which control of the loan rests with the lowest priority interest that is in the money, reduced valuations will likely become the flashpoint for CRE litigation.

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