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Legal Research

: New York Supreme Court Criminal Term Library

New York Law Journal Featured Columnists May 14, 2008.

By David Badertscher, PLL

Bankruptcy Practice

Wednesday, May 14, 2008

By John J. Rapisardi

"John J. Rapisardi, a partner at Cadwalader, Wickersham & Taft and an adjunct professor of law at Pace University School of Law, writes that the ruling from the U.S. Bankruptcy Court for the District of Delaware in Liquidating Trust of U.S. Wireless Corp. v. Wax represents the latest of a growing line of cases broadly construing Bankruptcy Code §510(b) and advancing the important policy considerations underpinning that section, which are intended to prevent shareholders from characterizing their equity interests into unsecured debt claims that would carry greater recovery value."

International Banking

Wednesday, May 14, 2008

By Kathleen A. Scott

"Kathleen A. Scott, counsel at White & Case, discusses the recently issued report from the Financial Stability Forum, "Enhancing Market and Institutional Resilience." Drawing on their own research as well as consulting reports and findings issued by other international groups, the FSF set out its findings and recommendations plainly: many are to blame for the worldwide economic turmoil of the past year and many need to change their ways going forward."

OUTSIDE COUNSEL:

N.Y.'s Religious Corp. Law: Exercise in Legal Gymnastics

Wednesday, May 14, 2008

By Krishnan S. Chittur

"Krishnan S. Chittur, a principal of Chittur & Associates, writes that New York's Religious Corporation Law is a piece of legislation from 1909, which essentially consolidated various earlier pieces of legislation from 1784. While it contains specific provisions concerning the organization of certain denominations, it provides for two general articles whereunder other denominations may incorporate: Article 9 and Article 10."

REAL ESTATE TRENDS:

Lender Liability

Courts Limit Findings, but Potential Traps Remain

Wednesday, May 14, 2008

By Mitchell L. Berg and Jesse L. Meshkov

"Mitchell L. Berg, a partner at Paul, Weiss, Rifkind, Wharton & Garrison, and Jesse L. Meshkov, an associate at the firm, write that with the reduced availability of credit, the tightening of lending standards and the downturn in the financial industry and the economy generally, the stage is set for an increased number of real estate loan defaults, foreclosures and workouts. It is thus an opportune time, they say, to reexamine the state of the law on lender liability . . ."

Full post as published by New York Supreme Court Criminal Term Library on May 14, 2008 (boomark / email).