A unanimous New York Court of Appeals recently held that the acceptance of an auction bid for the sale of a syndicated loan may constitute a final and binding trade, even if there is language indicating that the agreement is “subject to” the execution of a mutually acceptable, written agreement. The ruling overturns a New York Appellate Court decision that would have permitted parties to change their minds after agreeing to trades during a competitive online auction. The holding of New York’s highest court establishes that oral and electronic agreements in the debt and equity market can be sufficient under certain circumstances to form final and binding agreements.In Stonehill Capital Management, LLC, et al. v. Bank of the West, Bank of the West (BOTW) solicited Mission Capital Advisors, LLC (Mission) to manage a competitive online sealed-bid auction of certain non-performing mortgage loans. As part of the bid process, Mission issued a memorandum, which announced its … [Read more...] about New York Court of Appeals Clarifies What May Constitute a Binding Agreement in the Sale of Syndicated Loans
Part 9 debt agreement reviews
On October 15, President Trump Plans to Decertify the Iran Nuclear Agreement
What does decertification mean?For the time being, decertification is a solely U.S. issue. Under the Iran nuclear agreement (known as the Joint Comprehensive Plan of Action, or JCPOA), Iran agreed to limits on its nuclear program in exchange for relief from U.S. and UN sanctions. Soon after the JCPOA was signed, the U.S. Congress passed the Iran Nuclear Agreement Review Act (INARA). That law requires the president to certify to Congress every 90 days that Iran is meeting the terms of the nuclear agreement and that continuing to waive sanctions on Iran is vital to the security interests of the United States. President Trump has stated that on October 15, he will decertify Iran under INARA on the grounds that continuing to waive sanctions is not in the national security interests of the United States. Will U.S. secondary sanctions be reinstated automatically?U.S. sanctions that were lifted pursuant to the JCPOA will not be automatically reinstated upon … [Read more...] about On October 15, President Trump Plans to Decertify the Iran Nuclear Agreement
What to do about student debt? These ideas are brewing in the California Legislature
SECTIONS Search E-edition Customer Service Customer Service SacBee Rewards About Us About Us Contact Us Apps Mobile & Apps Twitter, Facebook, Google+, YouTube News in Education (NIE) Newsletters Local Sacramento Region Arena City Beat Crime Local Govt Salary Database The Homeless Marcos Bretón Transportation Education Environment Health & Medicine Traffic Conditions Weather Communities Elk Grove Folsom/El Dorado Roseville/Placer Yolo Sports Sports Kings NBA News 49ers Giants Oakland A's High School Sports Joe Davidson More Sports Raiders NFL News MLB News River Cats Soccer Colleges Golf Autos Racing Politics Politics Capitol Alert State Workers The California Influencer Series Local Elections PoliGRAPH State Worker Salary Database Legislative Gifts … [Read more...] about What to do about student debt? These ideas are brewing in the California Legislature
RGNUL Law Review: Trade & Investment Law
The RGNUL Student Research Review (formerly known as “RGNUL Student Law Review”) is a bi-annual, student run, peer reviewed journal based at Rajiv Gandhi National University of Law, Punjab. It is the flagship journal managed by the students of the University.It has been founded with the objective of facilitating arguments in black and white. Owing to the success of previous editions and international contributions, the journal will be published by Eastern Book Company Publishers (EBC) and will be archived online on scconline.com.The previous special edition on Law and; Technology featured an engaging guest article by Mr. Nandan Kamath who is an alumnus of NLSIU, Oxford (Rhodes Scholar) and Harvard Law School and Mr. Abhinav Shrivastava who is an alumnus of NALSAR and Kings College London on the regulatory treatment of online gaming in India.The Law Review aims to publish comprehensive treatments of subjects … [Read more...] about RGNUL Law Review: Trade & Investment Law
New Jersey Arbitration Agreements Should Explicitly Waive Right to Bring Claims in Court
On October 26, 2015, in the caseBarr v. Bishop Rosen & Co., the New Jersey Appellate Division issued its first published decision applying the New Jersey Supreme Court’s decision in Atalese v. U.S. Legal Services Group LP to agreements between an employer and employee. The Appellate Division found that the mandatory arbitration provision in Barr was not enforceable because it did not state that that the employee was waiving the right to bring his claims in court. The Atalese DecisionIn September 2014, the New Jersey Supreme Court in the Atalese case held that the arbitration provision in a 23-page contract for “debt adjustment services” was unenforceable. The Court found that the arbitration provision did not have “clear and unambiguous” language stating that the plaintiff was waiving her right to sue in court to secure relief. The Court stated that an enforceable arbitration clause “at least in some general and sufficiently broad way, must … [Read more...] about New Jersey Arbitration Agreements Should Explicitly Waive Right to Bring Claims in Court