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Banking & Financial Services

ADA Representation

Regional and Community Banks are the Latest Targets of ADA Cyber Accessibility Attacks

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 […]

Bankruptcy

Can a Plan of Reorganization Separately Classify a Claim That Is Personally Guaranteed?

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 […]

Bankruptcy

When Your Borrower Files Bankruptcy – A 10-Point Checklist

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 […]

Bankruptcy

For Creditors with Clients Filing Chapter 11- Commercial Finance Roundtable: A Creditor’s Plan – A Way Out of the Morass of a Single Asset Real Estate Bankruptcy Case

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 […]

The Americans with Disabilities Act and your retail properties and services

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 Representation

ADA Alert: New Regulations Now in Effect

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 […]

Special Assets Law–What is Judicial Reference?

In 2005, the California Supreme Court overruled the practice of including waivers of the right to a trial by jury in commercial agreements and loan documents before a lawsuit has been filed. For many years, sophisticated commercial businesses and institutional lenders included a clause in their agreements providing that the parties waive the right to […]

JMBM Special Assets Team™ Seeks Junior Litigation Associate

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. […]