Expert Analysis

• How Ch. 11 Debtors Can Stop MCA Receivables Raids

  

  Approximately 42 merchant cash advance lenders are involved in the recently filed Chapter 11 bankruptcy of SIMAD Holdings, illustrating that debtors-in-possession must work with committees to preserve the receivable stream before litigating priority, says attorney Kenneth Rosen.

• 5 Rulings Clarify Limits On Chapter 15 Public Policy Exception

  

  Recent bankruptcy decisions from New York and Delaware federal courts distinguish between relief a U.S. bankruptcy court may grant in a domestic case and relief it may recognize under Chapter 15 of the Bankruptcy Code when a foreign court has entered the order, say attorneys at Pierson Ferdinand.

• Choral Singing Makes Me A Better Lawyer

  

  Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

• Power To The Paralegals: Burnout As A Structural Problem

  

  Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

• A Framework For Volume Dispute Damages In Oil, Gas M&A

  

  With every major upstream oil and gas consolidation in recent years having resulted in minimum volume commitment disputes, experts testifying in such litigation must use a five-step framework for calculating lost profits that accounts for the option structure embedded in the contract, says Robert Foss at Hinds Feat Advisors.

• A Lender's Guide To Fraud: Identifying Risks

  

  The evolving lending landscape, particularly the private credit boom, has heightened lenders' exposure to fraud, but recent bankruptcies demonstrate where fraud risks most commonly materialize and how banks can mitigate exposure at the outset, say attorneys at Moore & Van Allen.

• Brightline Debt Woes Highlight Risks In Private Rail Finance

  

  The reported creditor negotiations and mounting debt obligations of Florida railroad Brightline arrive at a moment when the assumptions underlying a decade of privately financed infrastructure investment are under pressure across multiple asset classes, says Robert Charbonneau at Agentis.

• UCC Digital Asset Update Is Altering Lender, Obligor Diligence

  

  The rollout of the Uniform Commercial Code's Article 12 is transforming digital asset secured lending, forcing lenders and obligors to rethink diligence, control, custody, monitoring and contract terms, as well as collateral practices and financing structures, as jurisdictions continue to adopt the amendments, say attorneys at Lowenstein Sandler.

• Cow Horse Makes Me A Better Lawyer

  

  Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

• Checking For AI Errors Is Now A Two-Way Street

  

  A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

• Banks Should Reassess Warehouse Lines Amid Credit Stress

  

  Growing stress in private credit markets means banks with warehouse lines to nonbank lenders should inventory exposures, revisit covenants and prepare for tougher regulator scrutiny, as repayment strains and weakening fund liquidity could turn seemingly indirect risks into material compliance concerns, say attorneys at Barack Ferrazzano.

• Private Lender Verification Lessons From Recent Fraud Cases

  

  Recent fraud allegations involving private credit borrowers raise compliance red flags for lenders, who must recognize that financial and collateral verification is an essential safeguard as failures in underwriting and monitoring infect the broader market, say Michael Bresnick at Venable and Brian Mich at Control Risks Group.

• 2 'Rocket Dockets' And The Rules That Propel Them

  

  The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.