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Articles by Andrew Howayeck
All Aboard: Navigating STB Constraints When Financing Class III Railroads
Class III railroads (the short line and regional carriers connecting shippers to the national freight network) present a complex regulatory challenge for secured lenders. Despite their smaller scale, these operators are subject to pervasive federal regulation by the Surface Transportation Board (“STB”) that directly constrains a lender’s ability to perfect collateral, enforce remedies, and exercise control upon default.
Your Business's Growth Blueprint: Why Solid Legal Documents Matter | JD Supra
Every successful business owner has ambition to grow, scale, and take his/her company to the next level. However, there’s one critical, often overlooked aspect that can make or break a business’s ability to get to that level: legal documentation. As advisors to private equity firms and small businesses alike, we know that seizing opportunities is crucial for businesses looking to grow.
The Cost of Ambiguity: Post-Chevron Compliance Could Be Expensive | JD Supra
In a landmark decision issued on June 28, 2024, the Supreme Court in Loper Bright v. Raimondo and Relentless v. Department of Commerce (“Loper Bright”) overturned the Court’s 1984 opinion in Chevron, U.S.A., Inc. v. National Resources Defense Council, Inc. (“Chevron”).
Actions vs. J.P. Morgan, Monolith Serve as SEC Compliance Check Reminders | JD Supra
The Securities and Exchange Commission (SEC) recently settled charges against J.P. Morgan Securities LLC (JPMS) for impeding hundreds of advisory clients and brokerage customers from reporting potential securities law violations to the SEC. JPMS agreed to pay $18 million in civil penalties to the SEC to settle the charges.
Benefits of Rhode Island’s Housing Legislation Go Beyond Housing | JD Supra
In an effort to “fundamentally change [the State’s] approach to housing development, particularly for the moderate and affordable development we need most,” the Rhode Island General Assembly recently passed a slew of legislation intended to “cut through the frustrating red tape that is standing in the way of the development of new housing, moving housing forward for Rhode Islanders in all communities who need and deserve safe and affordable homes.”[1] The legislation is also intended to...
Mezzanine, Bridge Financing Becoming Key Tools in Uncertain Economy | JD Supra
During periods of economic uncertainty and rising interest rates, alternative financing options such as mezzanine and bridge lending have emerged as attractive solutions for businesses. These specialized forms of financing provide flexibility, expedited funding, and risk mitigation strategies that traditional lending institutions may not offer.
Protection From Panic Starts With These Proactive Banking Strategies | JD Supra
The fast and furious developments related to Silicon Valley Bank (“SVB”), Signature Bank, and others had depositors, employees, landlords, lawyers, accountants, and fiduciaries from nearly every sector scrambling for solutions to very real and challenging liquidity problems for their businesses and clients. Fortunately, after stepping in as receiver last Friday, the Federal Deposit Insurance Corporation (“FDIC”) was able to put much of the unrest at ease.
SAFE Banking Tweak Would Be Huge ‘Plus’ For Financial, Cannabis Industries | JD Supra
As the regulated sale of cannabis increasingly becomes sanctioned under state law, federal implications arising from its classification as a controlled substance continue to frustrate those in the banking industry who view the meteoric rise of the cannabis industry as a promising opportunity (legal market sales in 2022 are expected to reach $33 billion[1]).
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