Member News

Member News

Closing Up Shops: CMBS Exposure to Recent Retail Closures

Sports equipment chain Golfsmith International has shared the fate of many others in today’s retail landscape: a bankruptcy filing and a list of closings. In what Time Magazine has dubbed the “age of Amazon,” some of the biggest names in retail have suffered from sinking sales and have shuttered a large number of stores in recent years. E-commerce giant Amazon has established their presence on every corner of the market, as it offers discounts and prompt shipping for a seemingly endless...

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Member News

Portugal, a country where tradition and innovation go hand in hand

Portugal builds airplanes. Yes, planes. And automobiles as well. Portugal builds construction works which leave a mark. Bridges, highways, ports airports, sports stadiums, schools, hospitals and palaces. The Portuguese ability to build masterpieces is present worldwide. Surprised? Our history is made of discoveries, entrepreneurship, creativity and permanent innovation. We are a modern and sophisticated country that will surprise you. Our country develops medicine: Zebinix in the treatment of epilepsy, Opicapone in the treatment of the Parkinson disease. Two medicines developed...

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Pirelli: The future of an ‘internet of tires’ speeds ahead

Bard MBA spoke to Maureen Kline, vice president, public affairs and sustainability, Pirelli Tire North America, on the role that innovation and technology play in the present and future of the tire industry to not only to make it more sustainable but to also continue to improve performance and safety. In addition to her work with Pirelli, Kline writes a weekly column on sustainability for www.inc.com. She also chairs the board of the Tire and Rubber Association of Canada and...

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Member News

Cross-border acquisitions

Cross-border acquisitions are becoming ever more popular, as US companies seek to enter overseas markets quickly and without the delay and logistical hurdles of building organically. Europe in particular has been a destination of choice where markets are mature, talent is readily available, IP can be protected, taxes are predictable and business cultural is familiar. What therefore could possibly go wrong? The answer is that assuming the right diligence has been completed on the target and local advice has been...

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Brexit High Court hearing: does the UK government need the approval of Parliament before it can invoke Article 50?

Today, the High Court has started hearing arguments on whether the UK government can go-it-alone and trigger Article 50 of the Lisbon Treaty – the legal mechanism to commence departure from the EU – without first seeking the approval of Parliament. Opening the case, Lord Pannick QC for the lead claimant emphasised that the challenge was not about whether or not the UK should leave the EU, but whether the government has the legal power to trigger Article 50, with...

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California Attorney General ‘Crowdsources’ Reporting of Privacy Policy Violations

This initiative by the Attorney General is effective immediately and is just the latest example of California’s effort to increase enforcement of laws aimed at protecting the privacy and data security of individual consumers. The California Office of the Attorney General (the Attorney General) launched a new online form on October 14 that consumers can use to report privacy policy violations. Citing the need to enhance transparency in the Internet of Things, as well as to fill privacy gaps caused...

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U.S. Sixth Circuit Holds that Customary Language in Amendment and Restatement Agreements May Extinguish Existing Security Interests via Novation

On August 23, 2016, the U.S. Court of Appeals for the Sixth Circuit held in the Chapter 7 bankruptcy case In re Fair Finance Company that an amendment and restatement of a loan and security agreement may have been a novation of the initial agreement and therefore extinguished the lender's existing security interest. As background, in 2002, the lenders and the debtor, Fair Finance Company, entered into a loan and security agreement (the "Original LSA") for a $22 million revolving...

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GDPR: The DPO, a mole inside your company?

The General Data Protection Regulation (“GDPR”) introduces a new important role in the data protection scheme: the so-called Data Protection Officer (“DPO”). The DPO will become indispensable for quite a lot of companies and will play an essential role in ensuring compliance with data protection law. Appointing a DPO is mandatory for entities acting as a data controller or data processor if (i) the processing is carried out by a public authority or body, except for courts acting in their...

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When Can An Employee Take Leave To Vote?

This fall, Americans have more than falling leaves and candy corn on their minds. While Election Day is November 8, 2016, many states have already begun the absentee and early voting process. And with the current contentious election cycle, voter turnout is likely to be high once again. As November 8 approaches, employees may request that their normal work hours be altered or reduced so that they can more easily get to the polls during the regular workday.1 To help prepare...

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Thinking Outside the Box

Ellen Israel is among New York’s most accomplished commercial real estate professionals, having executed transactions totaling more than 25 million square feet of salesand leasing on behalf of owners, investors, andtenants. Throughout a distinguished career, spanning more than three decades, Ellen has worked for some of the largest institutional and entrepreneurial real estate organizations, and brings a unique perspective from each side of a negotiating table. Currently, she is the managing director for JRT Realty Group—the nation’s largest certified woman-owned...

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