Publications
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10.04.2017Retail Bankruptcy TrendsArticlesRetail bankruptcies continue apace in 2017. Their effects on commercial real estate are potentially widespread.
*Subscription based publication. -
09.26.2017GGI Distinguishes BPF PDQArticlesWhen the U.S. Supreme Court decided BFP v. Resolution Trust Corp., holding that a mortgage foreclosure sale regularly conducted pursuant to state law could not be avoided as a fraudulent transfer under 11 U.S.C. § 548, it expressly left open the question of whether a tax foreclosure by the holder of a tax lien certificate could be avoided as a fraudulent transfer under that same statute.
*Subscription based publication. -
01.16.2017A Way to a Stay That Can PayArticlesReal estate debtor principals who guaranty a debtor's debts often lace uphill battles to obtain stays pursuant to § 105 or the Bankruptcy Court or guaranty actions against them by secured creditors of the debtor.
*Subscription based publication. -
03.27.2014How Will Mt. Gox's Bankruptcy Shake Out?Articles
Daily Journal
Bitcoin exchange Mt. Gox recently filed a civil rehabilitation proceeding under Japanese law, and subsequently filed a companion case in Dallas, Texas, under Chapter 15 of the U.S. Bankruptcy Code. The U.S. Bankruptcy Court issued an initial stay (injunction) to protect Mt. Gox and its U.S. assets from actions by creditors and set a hearing for April 1 and 2 to consider whether Mt. Gox would receive the full protections allowed to foreign companies by Chapter 15. If the U.S. court allows the Chapter 15 case to be maintained, certain provisions of the U.S. Bankruptcy Code will apply to parties in interest. This article discusses what the implications of these cases are for Mt. Gox's creditors.
Presentations
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2010 - PresentWhen Good Tenants Go Bad: Leases in BankruptcySpeaking EngagementsGuest Lecturer
New York University, Schack School of Real Estate / New York, NY
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2015 - PresentLegal Issues in HospitalitySpeaking Engagements
Guest Lecturer
New York University Graduate School / New York, NY -
2013 - PresentLorman SeminarsSpeaking Engagements
Judgment Enforcement
Lorman Seminars / Newark, NJ -
04.26.2023ABCs, Article 9s, Receiverships: Non-Bankruptcy Alternatives as Distressed Investing VehiclesSpeaking EngagementsModerator
Turnaround Management Association NYC / New York, NY -
04.20.2023Is Housing Next? The Challenges of Overleveraged HousingSpeaking EngagementsModerator
TriGild Spring 2023 Lender Conference / Dallas, TX
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11.03.2022Bing Bang Boom: Brushing Up on BankruptcySpeaking EngagementsNJSBA 2022 Bankruptcy and Restructuring Forum / New Brunswick, NJ
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03.11.2021Practical Issues in Litigation and Arbitration in the Post-Pandemic WorldSpeaking EngagementsLitigation & E-Discovery ConfEx, USA / Webinar
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01.22.20212020 Restructuring + Distressed Investing Forum and Turnaround atlas AwardsSpeaking EngagementsRestructuring & Distressed Investing 12th Annual Intelligence Forum
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10.09.2018Ethical Overview of Attorney Client Privilege and Contract Enforcement Issues in New YorkWebinarsLorman Seminars
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11.16.2017CMBS and the Real Estate Law: Recent Trends, Perspectives and DevelopmentsWebinars
The Knowledge Group
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06.20.2017Managing Contracts Dispute LitigationSpeaking EngagementsCo-presenter
Global Litigation ConfEx / New York, NY -
07.19.2016Bankruptcy Isn’t Always Bad (Asset Purchase Opportunities in Bankruptcy)Speaking EngagementsPanelist
Association of Corporate Counsel / New York, NY
Virtual Currency Report
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SEC Approves 11 Spot Bitcoin Exchange-Traded Products
On January 10, the Securities and Exchange Commission gave the green light to 11 issuers that applied for bitcoin exchange-traded funds (ETFs). After a false announcement and a course change due to the ruling in Grayscale Investments, LLC v. SEC, the SEC approved spot Bitcoin ETFs for ARK 21Shares, Invesco Galaxy, VanEck, WisdomTree*, Fidelity, Valkyrie,... Continue Reading…
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BarnBridge and its founders Tyler Ward and Troy Murray allegedly sold unregistered SMART Yield bonds, which the SEC considers crypto asset securities. Respondents also were charged with violations stemming from operating BarnBridge’s SMART Yield pools as unregistered investment companies. BarnBridge agreed to disgorge $1,457,000 from the sale and Ward and Murray agreed to civil penalties... Continue Reading…
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NYDFS Proposes Updates to Guidance for Listing and Delisting Digital Assets
What Happened? The New York Department of Financial Services (NYDFS or Department) released proposed updates to its guidance on the self-certification process for listing and delisting digital assets. It also announced significant changes to the Department’s “Greenlist” of vetted digital assets. This industry development affects companies that have received permission to engage in virtual currency... Continue Reading…
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The Federal Reserve’s Novel Activities Supervision Program: What Banks and Nonbanks Need to Know
Financial technology firms and certain banks and bank holding companies can expect to face increased scrutiny as the Board of Governors of the Federal Reserve System takes another step to stem risks related to crypto-assets, use of blockchain technology, and complex fintech partnerships with nonbanks to deliver financial services to customers. Through its newly announced... Continue Reading…