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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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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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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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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Parties Abandon Transaction After Third Circuit Rules That Hospital Merger Should Be Preliminarily Enjoined The decision serves as a reminder of the uphill battle that merging health care providers have faced since the FTC’s adoption of its current rigid market definition standard in 2007. The U.S. Court of Appeals for the Third Circuit recently reversed a district court decision that had denied the Federal Trade Commission’s (FTC’s) motion to preliminarily enjoin the merger of two Central Pennsylvania hospital systems.1 In light...

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This industrial services transaction represents Lincoln's 159th private equity transaction since 2015, as Lincoln International is one of the most active advisors to private equity globally LONDON – Lincoln International (“Lincoln”), a leading global mid-market investment bank, is delighted to have represented the shareholders of Beck & Pollitzer Limited ("Beck & Pollitzer" or the "Company") in its transaction with Graphite Capital Partners ("Graphite"). Beck & Pollitzer is a leading provider of highly technical, specialist machine installation, relocation and maintenance services. It...

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