News & Analysis as of

Commercial Loans Financial Institutions Lenders

Kohrman Jackson & Krantz LLP

Navigating Loan Default: Practical Strategies for Borrowers

Commercial mortgage delinquency rates are on the uptick. The United States economy is shrinking according to Commerce Department measurements. Economic volatility is the new norm. As borrowers navigate economic ebbs and...more

Amundsen Davis LLC

Recognizing When to Engage Counsel in Commercial Lending Transactions

Amundsen Davis LLC on

Automated loan software can be effective for documenting consumer loans and some basic low-value commercial loans. However, most commercial transactions require greater attention on the front end than simple form generation....more

Alston & Bird

Missouri Enacts Commercial Financing Law

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What Happened? As we have previously apprised you, California, New York, Utah, Virginia, Georgia, Florida, Connecticut, and Kansas have enacted laws that require certain commercial financing “providers” to furnish certain...more

J.S. Held

Lending Climate in America – 4th Quarter 2024 Survey

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Lender optimism toward the US economy is on the rise in the near term following the presidential election and is expected to continue that upward trend heading 2025. Meanwhile, interest rates and consumer activity are the two...more

Sheppard Mullin Richter & Hampton LLP

CFPB Study Finds Differential Treatment in the Small Business Lending Market

On November 13, the Consumer Financial Protection Bureau released a “pilot study” on the small business lending market revealing “significant disparities” in how lenders treat black and white small business owners. As part of...more

J.S. Held

Lending Climate in America – 3rd Quarter 2024 Survey

J.S. Held on

With inflation still affecting the US economy, lenders are now focused on the economic impact of the upcoming presidential election. Lenders’ expectations for the US economy’s performance in the longer term – beyond the next...more

Mayer Brown

'Red Flags' for Lenders Investing in Emerging Markets: Recent High Court Guidance

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Emerging markets offer a wealth of opportunity across a wide range of sectors. Yet there can be a catch, even for sophisticated parties, especially financial institutions: a greater number of risk indicators, or 'red flags',...more

Sheppard Mullin Richter & Hampton LLP

Kansas Enacts Earned Wages Access Law

On April 19, less than a month after Wisconsin’s enacted legislation, Kansas has followed suited by enacting comprehensive earned wages access legislation. Kansas’ law is set to take effect immediately upon publication....more

Sheppard Mullin Richter & Hampton LLP

Kansas Introduces New Commercial Financing Disclosure Law

On April 17, the Kansas Legislature signed SB 345, to become the most recent state to enact disclosure requirements for small business lenders. The law’s requirements apply to “providers” which are defined as persons who...more

J.S. Held

Lending Climate in America – 1st Quarter 2024 Survey

J.S. Held on

With inflation continuing to impact the US economy, lenders are focused on the economic impact of the presidential election in November. Lenders’ expectations for the US economy’s performance in the longer term – beyond the...more

J.S. Held

Lending Climate in America – 4th Quarter 2023 Survey

J.S. Held on

Interest rates and inflation have been the big drivers of the US economy as of late, but lenders are increasingly optimistic for 2024, despite some challenges. Lenders foresee interest rate declines beginning in 2024 – with...more

Sheppard Mullin Richter & Hampton LLP

Federal Judge Upholds California’s Small-business Lending Disclosures

On December 4, Judge R. Gary Klausner of the U.S. District Court for the Central District of California granted summary judgment to California’s DFPI upholding the recently adopted commercial financing disclosure regulations...more

Latham & Watkins LLP

OCC Issues Policy Guidance on Venture Loans

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The OCC outlines safety and soundness principles and appropriate risk management processes for its regulated institutions that engage in venture lending. On November 1, 2023, the Office of the Comptroller of the Currency...more

Goodwin

Second Circuit Rules that Syndicated Loans Are Not “Securities” Under State and Federal Law

Goodwin on

On August 24, 2023, the U.S. Court of Appeals for the Second Circuit in Kirschner unanimously  held that notes evidencing syndicated loans do not plausibly qualify as “securities” covered by state and federal securities laws...more

Pillsbury - Gravel2Gavel Construction & Real...

Real Estate Market Update

In episode #22 of Industry Insights podcast, Bob Grados joins host Joel Simon to discuss the current real estate market, the types of lenders active in the market and popular transaction types that are thriving in today’s...more

Winstead PC

Seth Eaton Discusses Modifications and Workouts of Commercial Real Estate Loans during the COVID-19 Pandemic

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Watch Real Estate Finance Shareholder Seth Eaton discuss loan modifications and how they have evolved throughout the COVID-19 pandemic. Seth outlines several different phases of loan modifications and highlights key points...more

Katten Muchin Rosenman LLP

COVID-19 – Return of the MAC, or Breathing Space?

Key Points - Material adverse change (MAC) provisions focus on whether prevailing events and circumstances have a material adverse effect on the borrower. - Case law suggests the key reference materials for assessing...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Commercial Loan Documentation: Effects of COVID-19

The fallout from the World Health Organization-declared global pandemic arising from the corona­virus disease (“COVID-19”) is currently having, and will certainly continue for some time to have, severe impacts on almost all...more

Troutman Pepper Locke

A Win for Lenders: Seventh Circuit Finds UCC-1 Collateral Description Reference Sufficient

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In a win for lenders, on September 11, the U.S. Court of Appeals for the Seventh Circuit reversed the U.S. Bankruptcy Court for the Central District of Illinois, holding that the collateral description in the UCC-1 financing...more

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