By Benjamin Miles I. Introduction to Bankruptcy Fraud Although many foreign legal scholars praise the U.S. bankruptcy system for its effectiveness in providing a fresh start for individuals or businesses in financial distress, the American public largely has lost faith in the system because of its perceived misuse by businesses seeking to evade debt obligations.… Keep Reading
By Lauren Dickstein I. Introduction: About M&A Mergers and acquisitions, commonly known as M&A, refers to the process of combining different companies through buying and selling.[1] While M&A transactions take place in various forms or “deal structures,” they all involve the transfer of ownership of part or all of a business.[2] For example, a company… Keep Reading
By Nicole Farahan The Implied Covenant of Good Faith and Fair Dealing Contracting parties can choose to waive many duties. One duty, however, cannot be waived nor contracted around: the Implied Covenant of Good Faith and Fair Dealing (the “Covenant”). Even though the duty is not explicitly stated in an agreement between contracting parties, hence… Keep Reading
By Benjamin Miles The word on Wall Street is a recession is looming. After all, we are technically in a recession, given that in the last two consecutive quarters, the economy has contracted. With the unemployment rate at 3.7% and housing prices still near recent highs, many are reluctant to describe the current economy as a recession.… Keep Reading
by Shantal Malmed The COVID-19 pandemic initially caused a reduced cash flow making it difficult for landlords to make timely mortgage payments. As much of the workforce is now remote, tenant income has decreased, and the commercial and residential real estate markets have suffered. Landlords whose incomes stem from revenues produced by single residential properties,… Keep Reading
by Marquis Cardwell The GameStop market disruption has exposed the strength of self-directed investors and the power of online forums, which will force investment institutions to adapt their strategies to the rapidly growing market forces. This market disruption was spurred by r/wallstreetbets, a Reddit forum that actively targets stocks that have a possibility of exploiting… Keep Reading
By Johnathan Bender I. Introduction: Already serving over 122.3 million members throughout the United States and with over $1.5 trillion in assets, credit unions (CU) have successfully competed with both small and large commercial banks for consumers over many decades.[1] As the CU membership field requirements are being relaxed and the services offered are being… Keep Reading
By Scott Natsuhara We now live in a world where we are accustomed to heavy disclosures and regulations in our daily banking transactions. It may be hard to believe that before the Frank-Dodd Act, opening a bank account or applying for a loan required only a fraction of the paperwork. Neither did applying for new… Keep Reading
By Nabi Menai Perhaps one of the most cataclysmic events of the 21st century was the financial crisis that began in 2008. Not only did it send the United States into a historic recession, its effects reverberated around the world and the ramifications of the crisis can still be felt today. Banks and law… Keep Reading
By Kevin M. Conway Introduction Real estate has always been, by its essence, a local endeavor. The financing of real estate has likewise traditionally been tied to asset location. But with blockchain technology providing nearly costless transactions and instantaneous access to global capital markets through Initial Coin Offerings (“ICOs”),[1]real estate developers are poised to benefit… Keep Reading