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The Decay of Responsibility and Courage:  Saying the Quiet Bit Out Loud

Increasingly, when confronted with hard jobs, a common refrain is that perhaps it’s somebody else should do it, it’s someone else’s job. If I actually have to do it, and if something goes wrong, it clearly must be someone…more
 /  Business Organizations, Labor & Employment Law

The Administrative Illuminati in Pursuit of Command and Control (Or the Unmentionable in Hot Pursuit of the Inedible with apologies to Mr. Wilde) 

The way we regulate rarely works terribly well for the regulator or the regulated.  Yet, we keep doing it the same way…a subspecies of insanity to be sure.   As an example, has anyone out there in CRE land taken a gander at the…more
 /  Administrative Law, Taxation

Embracing ESG (Carefully)

I really don’t want to talk about ESG.  (Actually, I do but pretend I don’t to bolster my well-earned reputation for balance…Hah!).  ESG is so politically fraught…one person’s lodestar is another shibboleth.  Tribal totem of the…more
 /  Business Organizations, Environmental Law, Finance & Banking, Real Estate - Commercial, Securities Law

How to Play An (Apparently) Manichean Election

If it really didn’t matter, all this electioneering drama would be good fun, wouldn’t it?  Throw in some sex and a car chase and this would work on Netflix!  Regrettably, in the real world, it is less than entirely amiable…more
 /  Elections & Politics, Finance & Banking, Taxation

Regulatory Contagion

Last year, I wrote a commentary entitled Contagion.  That commentary was inspired by the early days of the meltdown of the crypto currency market (long before SBF made the whole space way more notorious with a whiff of…more
 /  Administrative Law, Finance & Banking, Securities Law

The Impalpable Reality of Bad News

Why am I still shocked that bad news gets no respect these days?  No, I’m serious.  It seems it doesn’t really matter when business, political or economic news stinks up the joint.  The gestalt teases out a good news narrative…more
 /  Elections & Politics, Finance & Banking, International Law & Trade

Legal Opinions, So XX Century!  A Modest Proposal

As I’m no longer compelled to talk my book (in fact, I actually don’t have a book), I can now talk critically about legal opinions.  Not to bury the lede, but I am of the view that much of our transactional opinion practice is…more
 /  Law Practice Products & Services

In Defense of Closings Human-ware Style:  Fixing Our Growing Lord of the Flies Problem

We used to do many negotiations and virtually all closings in person, not much choice really. The process might start with an exchange of draft documents, closing checklist, etc., While initial negotiations and the exchange of …more
 /  Business Organizations, Law Practice Products & Services

The Fed’s Conundrum: Godzilla vs. King Kong

It’s a good time for disaster movies…Civil War, The Day After Tomorrow, Armageddon and, of course, in the theatres right now, Godzilla vs. King Kong. Fun on the big screen, not so much in real life. Have you seen Godzilla vs…more
 /  Business Organizations, Finance & Banking, Real Estate - Commercial

How to Play It If Goldilocks Is in the House

I perhaps have a well-earned reputation for an excess of fascination for risks, downside, black swans and other things that prevent the good times from rolling. Lover of Schadenfreude. I hope not, but I do often feel compelled…more
 /  Finance & Banking, Real Estate - Commercial

Could We Bring It All Down?

I’m going to tell you a story. This is the type of thing told around campfires designed to scare naïfs, who know too little, and PhDs who (think) they know too much. I don’t necessarily believe in the story, but it could be…more
 /  Finance & Banking, Real Estate - Commercial, Real Estate - Residential

Trading Is Not a Dirty Word (CRE CLO)

As we begin to reflate the CRE CLO business this year with shrinking spreads and hopefully shrinking SOFR, we need to think of this as CRE CLO 3.0. This business,  this technology, which is truly a brilliant way to deliver…more
 /  Finance & Banking, Real Estate - Commercial, Securities Law
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