Trillions of dollars are tied up in lending contracts that rely on the London Interbank Offered Rate (“LIBOR”) as their benchmark rate. On June 30, 2023, LIBOR will no longer be published in any capacity.1 Many LIBOR-based contracts contain inadequate provisions, or none at all, to deal with the…
Credit risk issues permeate supply chain relationships in both directions. Current circumstances seem to exacerbate these considerations as the supply chain and pervasive pandemic effects continue to impact all sectors at all levels. The following outline identifies some potential problems and…
Employment Practice attorney Shelley M. Jackson discusses the new vaccination requirements for employers with over 100 employees.
As noted in our two earlier Alerts, “CFPB Issues Finalized Changes to Regulation F to Implement the Fair Debt Collection Practices Act,” December 16, 2020, and “CFPB Proposes Two Measures to Address Ongoing COVID-19 Pandemic Concerns,” May 13, 2021, the Consumer Financial Protection Bureau’s (…
As noted recently by some United States Bankruptcy Courts, effective December 1, 2021, the Director of the Administrative Office of the United States Courts (the “AO”) has designated any entity that receives 100 or more paper bankruptcy notices in a single calendar month as a high-volume paper…
Tenant Estoppel Certificates are a commonly used tool in commercial real estate transactions. One of their many purposes is to evidence a written statement by a party, such as a tenant, that verifies things such as the amount of rent due under a lease agreement, whether any defaults exist, or what…
Proposed Rule to Postpone Implementation of Debt Collection Final Rules to January 29, 2022
In late 2020, the United States Consumer Financial Protection Bureau (“CFPB”) issued final rules to revise Regulation F, 12 C.F.R., part 1006, which implements the federal Fair Debt Collection Practices Act…
The Indiana Supreme Court recently issued an opinion in New Nello Operating Co., LLC v. CompressAir that clarifies the elements to be met when establishing that a buyer of a business will be liable as the successor to the obligations of the target. Now, to fall under either of two exceptions to the…
On Monday, April 19, 2021, the U.S. House of Representatives passed the Secure and Fair Enforcement Banking Act of 2021 (the “Act”). The legislation was reintroduced in Congress in late March through a bipartisan effort involving members of both the U.S. House of Representatives (House) and the…
As noted in prior Alerts, the Coronavirus Aid, Relief and Economic Security Act (“CARES Act”) which became law March 27, 2020, included various COVID-19 pandemic-related bankruptcy relief provisions which were set to sunset on Saturday, March 27, 2021. Due to quick Congressional and Presidential…
In a pair of decisions issued March 19, 2021, the Indiana Supreme Court declined (1) to clarify the meaning of "tolled interest," and (2) to further protect stimulus payments under its 2020 emergency COVID-19 pandemic orders.
First March 19 Order
Specifically, in its first March 19 order, the Court…
