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As anticipated, beginning in early May, the DOJ began prosecuting individuals for fraudulently seeking forgivable loans guaranteed by the Small Business Administration through the new Paycheck Protection Program.

Credit Conditions is a quarterly publication from McDermott Will & Emery that analyzes recent debt market trends. We invite you to visit this page for the latest publications, recordings, and updates...

On May 17, 2021, the Consumer Financial Protection Bureau ("CFPB") announced that it entered into a proposed settlement of its lawsuit filed in a Massachusetts...

Yesterday, the FDIC announced a settlement with Umpqua Bank that involved collection practices connected with commercial equipment financing offered by the bank's wholly-owned subsidiary.

The amendment also repealed Hawaii's law on deferred deposits, which along with the installment lender licensing requirements are effective January 1, 2022.

On July 2, the CFPB released its Summer 2024 Supervisory Highlights, which focused on the servicing and collection of consumer debt. The report shared key findings from recent supervisory examinations...

In a widely anticipated decision in Barr v. American Association of Political Consultants, the US Supreme Court determined that an exception to the Telephone Consumer Protection Act (TCPA) ...

Last week, a federal judge blocked the enforcement of Massachusetts regulations that temporarily restrict debt collection practices during COVID-19. According to the judge, the regulations violate the First Amendment...

The California Revised Uniform Limited Liability Company Act defines a "distribution" as a transfer of money or other property from a "limited liability company" (Cal. Corp. Code § 17701.02(k))...

In the standard form real estate opinion provided by commercial lenders to local counsel, lenders commonly request local counsel to give a "good standing" opinion in order to provide basic assurances to the lender regarding the borrower's organizational status in that state.

In theory, a company could be delisted from a national stock exchange as a result of a chance meeting anywhere and a casual conversation, if a compensation committee member receives any legal advice from independent company counsel.

The new reporting requirements take effect on May 23, 2016, giving dealers time to establish the appropriate reporting systems.

Understanding the changing rules and sorting out how to maximize the portion that can be forgiven.

As we approach the country's 250th anniversary, the U.S. capital markets are at a crossroads.

On June 9, 2023, the Securities and Exchange Commission ("SEC") approved new listing standards that were proposed by the New York Stock Exchange ("NYSE") and Nasdaq.

October 23, 2013 (New York) — Global law firm Proskauer represented American Realty Capital Properties, Inc. ("ARCP") (NASDAQ: ARCP) in its definitive merger agreement to acquire Cole Real Estate Investments, Inc. ("Cole") (NYSE: COLE) in a transaction valued at $11.2 billion.

On May 11, 2020, we issued an Alert on BE-10. Essentially, any US person that owns 10% or more of the voting stock (or equivalent) in a foreign business enterprise at December 31, 2019 is required to file the survey...

In a recent foreclosure action, Plaintiff Lakeview Loan Servicing, LLC ("Lakeview") sought summary judgment against Defendant Andrew Branley ("Branley").