Commercial

Expert Analysis

• Lessons In Chancery Toss Of Claims Against CoreLogic CEO

  

  Attorneys at Fried Frank discuss key takeaways for boards, including justifications for accepting a lower takeover offer, following the Delaware Chancery Court's recent dismissal of claims that the ex-CEO of CoreLogic breached fiduciary duty during his $6 billion take-private sale of the company.

• India's Budget Proposals May Ease Entry For Certain Sectors

  

  India’s recently released budget includes proposals to facilitate doing business in Gujarat International Finance Tec-City and moderate thousands of compliance requirements, opening up new opportunities for foreign businesses in the digital infrastructure, manufacturing and renewable energy sectors, say Mukesh Butani and Seema Kejriwal at BMR Legal.

• NY Law Alters Foreclosure Timeliness Framework Post-Engel

  

  New York's recently passed Foreclosure Abuse and Prevention Act aims to prevent lender manipulation of foreclosure statutes of limitations following the Court of Appeals' 2021 decision in Freedom Mortgage v. Engel, and should cause lenders to work with mortgagees to resolve defaults, say attorneys at Abrams Fensterman.

• Key Considerations For Appointing A Real Estate Receiver

  

  With commercial real estate loan distress expected to grow dramatically in the coming months, lenders should make sure to understand best practices for seeking appointment of a receiver over a defaulted property, say Dave Wald at Wald Realty Advisors and Mark Silverman at Locke Lord.

• Even Recession-Proof Cos. Need Strong Compliance Controls

  

  While industries seen as safe from recession may face rapid growth in an economic downturn, companies under pressure to meet rising demand might ignore signs of fraud, which is why they must develop and maintain a robust compliance program, say consultants at Charles River Associates.

• New AML Law May Be Key Tool To Enforce Russia Sanctions

  

  A new anti-money laundering law for the first time authorizes monetary rewards for tips leading to government enforcement against certain sanctions violations, and though many questions remain, it gives the U.S. an additional tool in the ongoing global battle against Russian aggression, say Daren Firestone and Kimberly Wehle at Levy Firestone.

• How Gov't Enviro Justice Push May Affect Developers

  

  Attorneys at Crowell & Moring contextualize the U.S. Environmental Protection Agency's recent guidance on environmental justice and permitting decisions, and the U.S. Department of Energy's requests for input on using grants to achieve EJ goals, highlighting practical implications for project developers and other industry participants.

• The EPA's New Enviro Site Assessment Standard: Key Points

  

  While the U.S. Environmental Protection Agency's previous standard for Phase I environmental site assessments will remain valid for another year, the agency's recent final approval of the newer ASTM E1527-21 standard means that it now represents the best practice for conducting ESAs, says Sedina Banks at Greenberg Glusker.

• FinCEN Report Holds Key Russia-Linked Risk Considerations

  

  A recent report from the Financial Crimes Enforcement Network reminds financial institutions to review guidance issued on reporting Russia-linked suspicious activity, emphasizing the need to review anti-money laundering and sanctions monitoring processes to remain adaptive to global developments, say Siana Danch and Peter Hardy at Ballard Spahr.

• Recession Or Not, Elevated Restructuring Activity Is Coming

  

  2023 is set up to be a strong year for corporate distress and reorganization, recession withstanding, but it may not be the blowout year that some are expecting — depending on whether the Fed continues its inflation fight and whether sponsors can go all out to defend investments, says Michael Eisenband at FTI Consulting.

• Ruling Shows New Potential For Retroactive For-Cause Firings

  

  A New York federal court's recent decision in Kulick v. Gamma Real Estate shed light on the important question of whether an employer may retroactively terminate an employee for cause and opened the door for such terminations based on what is known as the after-acquired evidence doctrine, say Reid Skibell and Megan Reilly at Glenn Agre.

• Mapping The Transport Sector's Road To Zero Emissions

  

  Transportation companies that hope to lead the multiagency U.S. National Blueprint for Transportation Decarbonization's recently announced transition to zero-emission vehicles and fuels should anticipate a host of commercial and legal issues, say Levi McAllister and Pamela Wu at Morgan Lewis.

• A Look At Lease Expansion Options In A Challenging Market

  

  Expansion options can provide a powerful incentive for businesses to sign long-term leases even amid economic uncertainty, but both landlords and tenants must carefully consider the potential rights and terms, says Kris Ferranti at Shearman.