Alston & Bird LLP | USA | 27 May 2015
On May 6, 2015, the Court of Appeals for the Ninth Circuit considered whether so-called“Deprizio waivers,” where an insider guarantor waives…
Alston & Bird LLP | USA | 19 Nov 2014
On October 17, 2014, the Delaware Supreme Court held that under the Delaware Uniform Commercial Code, the subjective intent of a secured party is…
Alston & Bird LLP | USA | 8 Apr 2014
A federal district court has ruled that a distressed debt fund is not a "financial institution" for purposes of the assignment provisions of a loan…
Alston & Bird LLP | USA | 15 Oct 2013
In Burcam Capital II, LLC v. Bank of America, N.A., et al, No. 13-00063-8 (Bankr. E.D. N.C. Oct. 1, 2013), an adversary proceeding filed in In re:…
Alston & Bird LLP | USA | 14 Oct 2013
A recent New York court decision has cleared the way for lenders to seek recovery against non-recourse carve-out, or "bad boy," guarantors during a…