This article was first published by the California Bankers Association. In January, 2016, Carlson Lynch Sweet & Kilpela (“CLSK”) sent hundreds of near-identical form letters to national retailers, hotels, restaurants, and other businesses, claiming that their internet-based services (retail websites) discriminate against persons who are visually disabled under the Americans with Disabilities Act (“ADA). The letters contend […]
Marty Orlick’s blog article from Hotel Law Blog, “Hotel Fights Back: Judge Dismisses High Frequency Litigant’s ADA Pool Lift Case” was republished on Hotel Online.
David Poitras wrote the article “New Bankruptcy Forms Already in Use” published in the Daily Journal.
Recently, we’ve been seeing debtors try to confirm cram down plans of reorganization that are unfavorable to the secured creditor by “gerrymandering” the class of unsecured claims. The typical situation finds the secured creditor holding an undersecured loan. Under Section 506(a) of the Bankruptcy Code, the secured creditor’s claim is automatically bifurcated into a secured […]
Once again, my partner, Joe Demko, who handles much of our bank litigation, has a tip to pass along. This time, Joe warns about a drafting problem in a carve out from a “bad boy” guarantee. The essence of Joe’s warning is that the person drafting loan documents must consider all possible outcomes of a […]
As many of you may know, I was asked to help launch the Northern California chapter of the Special Assets Management Association (SAMA), and I currently serve on its Event Planning Committee. SAMA is hosting a luncheon program on “The Dos and Don’ts of Lender Liability” on March 1st at the Hyatt Regency in San […]
This past quarter end once again reminded us that the economy remains weak and borrowers who have managed to hang on for the past three or four years are running out of staying power. The topic again arose – what to do when a borrower files bankruptcy? Faced with the prospect of throwing good money […]
Many lenders are not very familiar with creditors’ plans, which can be a useful tool to break through a logjam in a Chapter 11 bankruptcy case. JMBM Special Assets Team members and expert creditors’ rights attorneys, Bob Kaplan and Nick De Lancie, are veterans at crafting and confirming creditor’s plans in tough cases. Bob and […]
In addition to compliance with financial and securities regulations, financial institutions must also be mindful of laws and regulations affecting a financial institution’s responsibilities to disabled Americans. As a member of the State Bar of California’s Financial Institutions Committee, I have the opportunity to hear interesting speakers on timely issues directed toward general counsel, regulatory […]
ADA Alert: New Regulations Now in Effect On July 23, 2010, the U.S. Attorney General signed into law important revisions to the Department of Justice’s (DOJ)Regulations implementing the Americans with Disabilities Act. The new regulations include substantial and far reaching revisions to the Americans with Disabilities Act Accessibility Guidelines (ADAAG), which are now known as […]