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Entries by John J. Hanley

Litigation Finance Waterfalls

Insight John J. Hanley John J. Hanley · December 29, 2020
"Look with open eyes and you will see the beauty of the waterfall." - Anthony T. Hincks A key term in pricing for litigation finance (sometimes called litigation funding) is the order of priority in which litigation proceeds are paid to parties with an interest in the matter including the litigation funder.  This is known as the

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Litigation Finance 101

Insight John J. Hanley John J. Hanley · December 18, 2020
You are the CEO of a thriving technology company.  Your chief legal officer informs you that a well-heeled vender has stolen components of the intellectual property that is your company’s lifeblood.  However, litigation is expensive and the thief is prepared to engage in a costly war of attrition intended to exhaust and overwhelm

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Ninth Circuit Questions Whether Litigation Funding Advances Made Against a Portfolio of Cases Runs Afoul of New York Usury Laws

Insight John J. Hanley John J. Hanley · Douglas J. Schneller Douglas J. Schneller · June 18, 2020
No Sure Thing! Ninth Circuit questions whether litigation funding advances made against a portfolio of cases runs afoul of New York usury laws. On June 11, 2020, the U.S. Court of Appeals for the Ninth Circuit certified a question for the New York Court of Appeals: whether a litigation financing agreement qualified as a “loan” or

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Claims Traders Beware: Another Bankruptcy Court Determines that Disallowance under Bankruptcy Code Section 502(d) Follows the Claim

Insight Douglas J. Schneller Douglas J. Schneller · John J. Hanley John J. Hanley · Patrick Maschio Patrick Maschio · April 30, 2020
On April 22, 2020, Bankruptcy Judge Sean H. Lane of the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”) issued an important opinion[1] regarding claim disallowance under Section 502(d) of the United States Bankruptcy Code (“Section 502(d)”).[2] In brief, the Bankruptcy Court,

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Litigation Finance – A Modest Proposal

Insight John J. Hanley John J. Hanley · Douglas J. Schneller Douglas J. Schneller · January 23, 2020
Many lawyers have heard the one about the consultation with a new client.  Lawyer: “You have a pretty good case.  How much justice can you afford?”  It’s funny but it also distills a troubling reality – high stakes commercial claims are costlier to assert and the likelihood of success more uncertain than

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Limited Liability Company Considerations for Conducting Business: A Top Five List

Insight John J. Hanley John J. Hanley · Chae Kim Chae Kim · June 04, 2019
Formation of a limited liability company (“LLC”) is a popular and viable alternative to a corporation or a partnership. An LLC features both the limited liability of a corporation and the tax advantages of a partnership. In addition, the LLC model offers great flexibility in choosing the appropriate rules to govern unique

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Visa & Mastercard Interchange Fees Merchant Class Action Update

Insight Douglas J. Schneller Douglas J. Schneller · John J. Hanley John J. Hanley · Patrick Maschio Patrick Maschio · April 24, 2019
In recent years merchants, regulators, banks and financial institutions, consumers and other parties have been keenly focused on “interchange fees” charged to merchants by issuers of credit or debit cards for any transaction in which the card is used for a purchase. Interchange fees typically consist of a percentage fee, based on the

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Top 10 Issues to Consider When Dealing with Loan Participations. Rimon Partners Douglas J. Schneller and John J. Hanley in Thomson Reuters

Insight John J. Hanley John J. Hanley · Douglas J. Schneller Douglas J. Schneller · November 05, 2018
Rimon Partners John J. Hanley and Douglas J. Schneller thoroughly summarize the considerations that lenders should take into account when deciding whether or not to participate in a loan. Read the full article here.

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Default Interest Is Enforceable in Bankruptcy Except When It’s Not

Insight Douglas J. Schneller Douglas J. Schneller · John J. Hanley John J. Hanley · August 21, 2018
Default interest is a very common feature in all manner of lending transactions in today’s market.  However, few legal issues have created more confusion or generated more litigation.  Bankruptcy courts, in particular, have struggled with the issue but have failed to develop a consistent framework.  There are many pitfalls but

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Top Ten Issues to Consider When Dealing with Loan Participations

Insight Douglas J. Schneller Douglas J. Schneller · John J. Hanley John J. Hanley · July 24, 2018
Rimon Partners, John Hanley and Douglas Schneller, have an important update titled "Top Ten Issues to Consider When Dealing with Loan Participations". Loan participations can be an effective way for lenders to reduce their exposure to a borrower’s credit and manage their loan portfolios and liquidity, and for investors to acquire an

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Rimon Law Welcomes Financial Services Attorney John J. Hanley to Their New York Office

News John J. Hanley John J. Hanley · June 01, 2018
John J. Hanley joins Rimon's Financial Services team as Partner. His practice will be based out of the firm’s New York office. Mr. Hanley was previously a shareholder at Buchanan Ingersoll & Rooney. Mr. Hanley focuses his practice on first and second lien financings; private placements of debt and equity securities; and

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