Theresa A. Foudy

Jul 17, 2024 | jdsupra.com | Mark Edelstein |Theresa A. Foudy

Distress in U.S. commercial real estate industry persists and is unlikely to go away any time soon. A number of factors have combined to cause an almost “perfect storm” for commercial real estate distress. The COVID-19 pandemic led to a rise in remote and hybrid work, increasing vacancy rates and decreasing property values. Rising interest rates and inflated operating and maintenance costs made the properties more expensive to maintain, further depressing values.

Jul 17, 2024 | lexology.com | Mark Edelstein |Theresa A. Foudy

A number of factors have combined to cause an almost “perfect storm” for commercial real estate distress. The COVID-19 pandemic led to a rise in remote and hybrid work, increasing vacancy rates and decreasing property values. Rising interest rates and inflated operating and maintenance costs made the properties more expensive to maintain, further depressing values.

Jul 12, 2024 | jdsupra.com | Mark Edelstein |Theresa A. Foudy

Distress in U.S. commercial real estate industry persists and is unlikely to go away any time soon. A number of factors have combined to cause an almost “perfect storm” for commercial real estate distress. The COVID-19 pandemic led to a rise in remote and hybrid work, increasing vacancy rates and decreasing property values. Rising interest rates and inflated operating and maintenance costs made the properties more expensive to maintain, further depressing values.

Jun 1, 2024 | reuters.com | Theresa A. Foudy |Andrew Kissner |Joseph Murphy

Beginning in 2022, many of the largest retail-facing crypto platforms, including Celsius, Voyager, FTX, Genesis, and BlockFi, filed for Chapter 11 bankruptcy protection. Several of these cases were precipitated, at least in part, by “runs on the bank” in which retail customers withdrew substantial amounts of crypto from each platform. In several cases, insiders of the crypto debtors also engaged in misconduct relating to the management of crypto assets.

Mar 16, 2023 | jdsupra.com | Benjamin Butterfield |Theresa A. Foudy |Seth Kleinman

The FDIC receiverships of Silicon Valley Bank and Signature Bank have caused certain early-stage companies to face potentially crippling near-term liquidity issues. These liquidity issues may result in a company becoming insolvent. Therefore, boards of directors of such companies need to consider their fiduciary duties as well as steps that can be taken to mitigate risks. Fiduciary duties are typically owed to the company for the benefit of its owners.