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Tag Archives: Ben Williams

COMMERCIAL FINANCE 701 — A LIBOR Update: Here comes SOFR!

  Following the sounding of LIBOR’s death knell last summer, a flurry of governmental and industry activity culminated in the selection of SOFR as a replacement index rate for commercial loans.  Accordingly, a sequel of our August 2017 column “The Passing of LIBOR” is in order. London Interbank Offered Rate (LIBOR) Recall on July 27, 2017, the Brits prospectively announced ...

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BEN WILLIAMS — Alexander Hamilton v Robert S. Mueller III: Can a president be indicted?

At the end of Act I of the box-office smash Hamilton: An American Musical, the play’s namesake beseeches his murderer-to-be to co-author a “series of essays, anonymously published” defending the proposed U.S. Constitution.  Alexander Hamilton’s entreaty to Aaron Burr probably never occurred, but Hamilton – with assistance from fellow Founding Fathers James Madison and John Jay – would publish incognito ...

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BEN WILLIAMS — Dissecting the December 2017 U.S. Supreme Court Travel Ban Order

When Hawaii-based U.S. District Judge Derrick Kahala Watson issued his short-lived October 17, 2017 U.S.-wide restraining order of President Trump’s September 24, 2017 Proclamation 9645 (sometimes called the “third travel ban”), the lifetime Article III appointee felt compelled to lead with injudicious humor: “Professional athletes mirror the federal government in this respect: they operate within a set of rules, and ...

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BEN WILLIAMS — The U.S. Supreme Court Mississippi flag order that wasn’t

Marshall Ramsey’s September 3 cartoon, depicting Governor Bryant as a Confederate soldier writing home about defending the flag on order of the “Yankee Supreme Court,” is quite clever and well-drawn.  The immensely-talented cartoonist is a credit to the State of Mississippi.  This particular cartoon, however, may perpetuate recent indistinct and misleading news reports.  Counter to published reports in various news ...

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COMMERCIAL FINANCE 701: The Passing of LIBOR

The death knell for LIBOR officially sounded on July 27, 2017, when the UK’s Financial Conduct Authority broadcast it would cease maintenance of the internationally-used interest rate benchmark beyond December 31, 2021.  The surprise announcement was surprising only as to the timing of the press release and the sunset date.  The Wall Street Journal dissed the rate back in 2008 ...

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BEN WILLIAMS — The one U.S. Supreme Court opinion to read in 2017

The U.S. Supreme Court’s regular term ended Friday, June 30, 2017, and the nine lifetime Justices began their summer recesses. A vacant seat and a perceived 4-4 ideological split clouded expectations in October when the court term began.  Six months into the session, Justice Gorsuch joined the bench in a televised swearing-in ceremony conducted by swing-vote Justice Kennedy at the ...

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BEN WILLIAMS — A cocktail party guide to Constitutional Law

Let’s face it. The last time you studied constitutional law, marriage probably involved opposite genders. With the Donald in office and Anderson Cooper fulminating, we could all use a refresher on Con Law if for no other reason than to impugn the media’s talking heads and occasionally float a zinger at a cocktail party. The Backdrop.   The perfervid Declaration ...

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COMMERCIAL FINANCE 701 — The powerless power of attorney

The long-awaited closing date on the $21.5million commercial construction loan is finally here.  Construction projects involve numerous moving parts. By the time a loan closing occurs, the out-of-pocket developer on the project awaits a hefty advance. The borrower, a Mississippi limited liability company, has two members – one of whom serves as the managing member.  The managing member is present ...

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BEN WILLIAMS — Gorsuch: The one Protestant

On April 10, 2017, the unorthodox 6-year, 11-month, 21-day drought of a Protestant on the U.S. Supreme Court presumably ended.  With his English wife of 20 years by his side and left hand resolutely on the family NIV Study Bible, Neil Gorsuch accepted the second lifetime appointment of his brief forty-nine year life. I say “presumably” because the country’s first ...

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BEN WILLIAMS — A primer on the nuclear option

What with all the jabber about the possibility of U.S. Senate Republicans exercising the “nuclear option,” an abbreviated primer on the parliamentary procedure seems appropriate. Senate Rules & Cloture: Yes, the French have a word for everything. As the self-proclaimed “world’s greatest deliberative body,” the 100-person U.S. Senate has long prided itself on allowing unlimited debate.  If a senator desired ...

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