Asset-Based Lending (“ABL”) can be a profitable business; however, this type of lending has some disadvantages and inherent risks that must be assessed and managed by banks to maintain a profitable model. Earlier this year, the Office of the Comptroller of the Currency (the “OCC”) issued the ABL booklet, which […]
Publications
Have the Rules Been Changed Under the Servicemembers Civil Relief Act?
Lenders potentially face new compliance risks under the Servicemembers Civil Relief Act (the “SCRA”) as a result of a recent settlement announced by the Department of Justice (DOJ) and the Department of Education (ED). As a result of a referral from the Consumer Financial Protection Bureau (CFPB) and an examination […]
Public Power District Was Not Liable for Property Taxes on Land It Leased for Commercial and Residential Uses Because It Paid in Lieu of Taxes
Central Nebraska Public Power and Irrigation District (“Central”) is a political subdivision of the State of Nebraska that generates electricity by hydroplants and delivers irrigation water to its customers. Central owns and manages Lake McConaughy and more than 38,000 acres of land surrounding it. Rather than paying real property taxes […]
What is a robots.txt file and why should you care?
While details have not been made public, it is possible that a properly configured robots.txt file could have prevented the patient data exposure which was the genesis of the recent $4.8 million HIPAA settlement made by New York-Presbyterian Hospital/Columbia University Medical Center (see: http://cynergistek.com/columbia-presbyterian-settle-hipaa-violations-for-4-8-million/). From the information which was made […]
Property Owner Forfeited a Legal Nonconforming Use By Discontinuing It for One Year
On March 28, 2014, in Rodehorst Brothers v. City of Norfolk Board of Adjustment, the Nebraska Supreme Court held that discontinuing a nonconforming use for twelve months may forfeit the right to continue that use. The opinion provides valuable guidance for owners of property with a lawful nonconforming use. Rodehorst […]

