New York Court Of Appeals Rules Corporate Convertible Loans May Be Subject To Usury Laws

A recent decision from the New York Court of Appeals may affect lenders who use convertible loans when lending to corporate borrowers. The decision in Adar Bays, LLC v. GeneSYS ID, Inc., holds that the conversion price in a convertible option can be considered interest and thus may fall under the purview of New York’s criminal usury laws. Accordingly, corporate lenders must take appropriate steps to ensure that the value of their convertible loan rates is […]

By | November 18th, 2021 ||

California Leads Nation In Preserving Remote Appearances; Proposed Legislation Allows Virtual Appearances, Testimony And Trials

Top of mind for many legal commentators is whether remote appearances are here to stay. With courts across the nation resuming in-person trials, legal commentators are wondering whether this foreshadows the end of appearing remotely for members of the bar.

Remote appearances have been hailed as a silver linings of the pandemic, saving lawyers and witnesses travel time while offering clients the ability to watch the proceedings from afar. With mask mandates in place, remote […]

By | November 8th, 2021 ||

New Jersey Appellate Division Finds No Nexus Between Retailer’s Mode Of Operation And Grape On Store Floor

In Jeter v. Sam’s Club, 2021 N.J. Super. Unpub. LEXIS 919 (App. Div. May 17, 2021), the?New Jersey Appellate Division rejected a plaintiff’s argument that the trial court erred in ruling that the mode of operation doctrine did not apply to the facts of her case. Specifically, plaintiff contended defendant’s knowledge that customers routinely opened the clamshells to eat grapes and its practice of handing out loose grapes on some occasions established a nexus between […]

By | October 25th, 2021 ||