Have you noticed the explosion of adjectival (and adverbial) usage? President Trump, perhaps our Adjectiver-in-Chief, never says someone is doing his job, it’s always a fantastic job. No one in the White House is ever in…
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/ Communications & Media Law, Elections & Politics
I just finished a book by Richard Overy called The Twilight Years analyzing the dying throes of the exceptionalism of the British Empire (American clerisy, please take note). There was a fascinating discussion about the peace…
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/ Elections & Politics
The political adventure in self-abuse that we call an election is now well behind us. I planned to write this commentary last November, hence the “Just” in the title. My inability to even assay an answer to that question which…
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/ Elections & Politics, Finance & Banking, Real Estate - Commercial
As regular readers of CrunchedCredit will know, I recently pitched the idea of amending our hoary old REMIC statute to allow additions of collateral after the startup date window to allow modification to performing loans (and to…
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/ Finance & Banking, Real Estate - Commercial, Securities Law
This title may be a bit ambitious, a triumphalist embrace of hope over experience? But it’s time for the effort to be made…
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/ Finance & Banking, Real Estate - Commercial, Taxation
Last week I talked about the Grand Bargain to fix our business. If we’re fixing to fix our business now, we’ve got to talk REMIC. The Real Estate Mortgage Investment Conduit (REMIC) created as part of the Tax Reform Act of…
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/ Finance & Banking, Real Estate - Commercial, Taxation
Let me begin with an apology for not being in print for a while. All that Ho-ho-ho-ing and a lot of mulling over this particular commentary is to blame. Today, with writer’s block behind me, this commentary is about…
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/ Finance & Banking, Insurance, Securities Law, Real Estate - Commercial
Hello, All. The Golden Turkeys are back again – in my first post-Dechert effort. That means I have fewer folks to help me come up with brilliant ideas and even fewer folks to edit my really bad ideas. So, bear with me while I…
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/ Elections & Politics, Finance & Banking, Securities Law
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…
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/ Business Organizations, Labor & Employment Law
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…
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/ Administrative Law, Taxation
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…
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/ Business Organizations, Environmental Law, Finance & Banking, Real Estate - Commercial, Securities Law
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…
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/ Elections & Politics, Finance & Banking, Taxation
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…
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/ Administrative Law, Finance & Banking, Securities Law
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…
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/ Elections & Politics, Finance & Banking, International Law & Trade
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…
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