HVCRE Clarity Might Be On The Horizon

Regulations surrounding HVCRE loans have been nothing short of confusing and challenging. Senators Tom Cotton and Doug Jones of the Senate Banking Committee introduced a bill last month to add clarity to these regulations. This bill is a companion to HR 2148 passed by the House last November. Among other things, HR 2148 excludes loans made prior to January 1, 2015 from HVCRE status and allows HVCRE loans to be reclassified as non-HVCRE upon completion of the project and generation of cash flow sufficient to support debt service and expenses. HR 2148 also excludes loans for the acquisition or refinance of existing income-producing real property, and the improvement of existing income-producing improved real property, secured by a mortgage so long as the cash flow Is sufficient to support debt service and expenses. However, it remains to be seen whether the Senate bill, and the corresponding House measure, will bring clarity in application or further confusion.

Banks Fight to Stay Viable in Commercial Real Estate Deals

In recent years, as a response to banks’ reduced real estate lending, more and more alternative funding sources have cropped up to fill the void. As a result, traditional financial institutions must get creative to stay relevant in commercial real estate deals. This article focuses on the competition between traditional lenders and different alternative funding sources.
Click here to read the full article.

SOFR Takes the Stage: Replacing the LIBOR Rate

As the viability of LIBOR continues to be called into question, the Alternative Reference Rates Committee (the “ARRC”) recently selected SOFR, a broad measure of overnight Treasury financing transactions, as its recommended replacement for the U.S. dollar LIBOR. While SOFR is thought to be the most robust and transaction-based rate currently available, making it less susceptible to manipulation, it is not an exact replacement for LIBOR. This article briefly discusses the advantages and challenges associated with utilizing SOFR as an alternative to LIBOR. However, it remains to be seen how the ARRC will reconcile the differences between LIBOR and SOFR. Click here to read the full article.

Election Against Ex-husband’s Will Barred Due to Unresolved Marriage Status

Our own Brock Jordan recently obtained a favorable appellate court ruling in an estate dispute of unique precedence. Most lawyers haven’t thought about the Dead Man’s Statute since law school, and view laches as an idle threat. Brock Jordan saw these doctrines for what they are: good law. Through bold and strategic advocacy, Brock handed his client a victory on Tuesday, when the Indiana Court of Appeals issued a favorable ruling.

When Keeping it Bold Goes Wrong: Recent Case Construes Insurance Policy Against Insurer Based, in Part, on a Bold Ambiguity

By Justin Wiser and Sebastian Spears


One of the most important skills for an attorney is legal writing. Yet, it goes beyond “an arresting opener, a clean narrative line, and polish throughout.”[1] Whether you are a litigator or a transactional attorney, a recent case from the Indiana Court of Appeals emphasizes the importance of incorporating proofreading into your writing process, specifically focusing on formatting and uniformity.

More Change is Needed

Altman Weil recently published its annual report on Law Firms in Transition. The takeaway: law firms are changing, but not fast enough. The report analyzes a recent survey Altman Weil conducted of nearly 800 of the U.S.’s largest law firms. Its findings starkly highlight the challenges faced by traditional law firms. It’s clear many are failing to deliver what clients need from their lawyer. Law firms must change their business model to be more client-focused. Yet resistance to change dominates most big law firms. Clients need practical and efficient solutions (i.e. technology-driven) to their problems. Seems simple.

The Importance of Punctuation

There is an old adage that the devil is in the details. A recent decision from the First Circuit Court of Appeals demonstrates that sometimes the smallest oversight can create huge problems. At issue was a wage overtime statute which exempted from the payment of overtime wages certain work, including the “packing for shipment or distribution” of certain foods. When dairy drivers were not paid overtime wages, they sued, arguing that the exemption applied only to employees who packaged food for shipment or distribution, as opposed to employees who simply distributed the packaged food as they did.