Before you close your next deal, have you triple checked to ensure that the contract with the borrower is enforceable? Stephen T. Whelan examines Balboa Capital v. Okoji Home Visits and outlines five steps you can take to avoid a nudum pactum outcome.... read more

Sept/Oct 2023

A bankruptcy court bench ruling at the end of 2021 stated that certain protective provisions are unenforceable. Stephen T. Whelan digs into what those proceedings mean and how an investor can structure its interest to achieve an enforceable bankruptcy-blocking right.... read more

Mar/Apr 2022

New York State introduced new regulations that will affect commercial finance providers. Stephen Whelan discusses the disclosure to borrowers that will begin in 2022 and a bill regarding licensing requirements that was introduced to the New York Senate while providing updates on two court decisions that may impact the industry.... read more

May 2021

Stephen T. Whelan

It happened again. This time, not simply via an oral ruling by a judge from the bench, but in a written opinion, for all the world to see. And even though the litigants settled their differences after the decision was... read more

June 2019

A recent Bankruptcy Court oral decision has cast doubt on using casualty values in a default context. Stephen Whelan provides background on this turn of events and offers an improved solution for lessors to calculate damages and stipulated loss values.... read more

Monitor 100 2018

Blockchain technology, an esoteric topic a few years ago, has worked its way into the mainstream. Blank Rome’s Keith Letourneau and Stephen Whelan provide an overview of this distributed ledger technology and discuss how it could be used in equipment, commercial and trade finance transactions.... read more

March/April 2018

Stephen Whalen examines how the Hague Convention will affect the equipment finance industry. He urges those who use securities accounts for securitization transactions, portfolio sales or security deposits to familiarize themselves with the new rules before they go into effect on April 1.... read more

March/April 2017