business litigation
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The Business Owner’s Guide to Personal Guaranties
A guaranty is your personal promise to pay someone else’s debt if they don’t. Understanding the…
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The Guarantor’s Defense — Part 5: Workout Strategy Without Making It Worse
Every decision made during a distressed workout — what to say, what to sign, what funds…
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The Guarantor’s Defense — Part 4: Negotiating the Guaranty Before You Sign
Bad boy guaranties are negotiable. The borrower’s leverage is highest before signing. Here is what to…
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The Guarantor’s Defense — Part 3: What the SPE Covenants Actually Say
SPE covenants are not boilerplate. A technical violation can convert a non-recourse loan into full personal…
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The Guarantor’s Defense — Part 2: Causation Is Not Automatic
A breach of a carve-out provision is not the end of the analysis. Causation is a…
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The Guarantor’s Defense — Part 1: The Lender’s Own Hands Are Not Clean
Lenders are not passive observers in distressed projects. Before defending against their claims, examine what the…
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Alleged “Bad Boy” Breaches: Where Lenders Actually Attack
When commercial real estate deals go sideways, lenders rarely lead with bankruptcy. They lead with waste,…
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DSCR, Debt Yield, and Recourse Exposure: When Financial Metrics Become Personal Risk
DSCR and debt yield don’t trigger recourse by themselves. But the decisions sponsors make when those…
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Can I Just File Bankruptcy to Get Out of This Deal?
If your deal is in trouble and you have a bad boy guaranty, filing bankruptcy may…
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Bad Boy Carve-Outs: You Signed It — Now What Did You Actually Guarantee?
If you signed a bad boy guaranty, you were probably told the loan was non-recourse. That…
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Non-Compete Agreements in 2026: What Every Business Owner Needs to Know
The FTC’s national ban is officially dead – removed from federal regulations in February 2026. But…
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Ghost Cases: Why Lawyers Keep Getting Sanctioned for AI-Hallucinated Citations — and What Courts Are Doing About It
AI-generated fake case citations have gone from a novelty to a crisis in courtrooms across America.…