Please join me at the California Bankers Association’s 23rd Annual Lenders Conference on March 22nd and 23rd. I’ll be presenting a practical program that I call “Illuminating the Dark Side of the Bank During Challenging Times.” My program will cover many of the problems that California bankers are facing in these difficult economic times. My […]
January, 2010 Articles
Jim Butler’s article, "More Lawsuits Against Online Travel Companies Over ‘Lost’ Bed Taxes — Why Hotels Should Care About the Transient Occupancy Tax Battles," was published in the Montana Innkeepers Association’s Winter 2010 Newsletter.
In the last post, we discussed the newly expanded net operating loss (NOL) carry back period, and explained how for some borrowers, the new law could generate “found money” that could be put to good use – such as paying down bank debt (one of my favorite uses!!). As with all gift horses, however, it […]
One of our most-viewed pages on SpecialAssetsLawyer.com is the Receivership 101 slideshow presentation. I’ve given this program several times, often with my long-time close friend and colleague, Bruce Cornelius. Bruce and I serve together on the Board of Directors of the Bay Area Chapter of the California Receivers Forum, and given the sharp rise in […]
The JMBM Special Assets Team™ is looking for a 2-3 year junior litigation associate for our commercial creditors rights practice based in San Francisco’s Financial District. The successful candidate will have excellent law school credentials, some courtroom and deposition experience and be capable of preparing pleadings and motions. Bankruptcy experience is desirable but not required. […]
Recently, a potentially significant change was made to the tax law that could be used by once-successful businesses to generate cash to pay down debt. Under the new law, a business is now able to carry back a net operating loss (NOL) sustained in 2008 or 2009 for five years. This is a major change […]
Almost all loan documents that we enforce on behalf of our lender clients contain an attorneys’ fees clause that requires the borrower to pay the bank’s attorneys’ fees, whether or not litigation or bankruptcy is required to enforce the loan. In California, Civil Code Section 1717 makes such clauses reciprocal. In other words, if a […]
On December 8, 2009, while struggling with health care reform, financial industry overhaul, a spiraling deficit, the risk of a double-dip recession, and all of the other headline-grabbing events of the past months, the House of Representatives took an important step in pushing forward legislation which could, if enacted, have a significant impact on almost […]
In the article, “Antitrust Policy: Convergence and Coordination,” JMBM antitrust lawyer Patrick Ryan and co-author Laura Guillen describe the initial roadblocks to the Oracle-Sun merger in 2010, and why antitrust policy convergence should be a top priority. As they state in the article, “For the sake of global businesses, and the millions of people they […]
David Sudeck’s article "Americans with Disabilities Act (ADA): Proposed Revisions and Timeshare Applicability," was published in Developments magazine. The article discusses modifications to the ADA Accessibility Guidelines and whether they apply to timeshare properties.