Home » Tag Archives: Ben Williams

Tag Archives: Ben Williams

BEN WILLIAMS – Summer Recess 2019: PowerScoring Trump’s judicial confirmations

The U.S. Senate concluded business on August 1, 2019, and the Senators left town to enjoy their traditional summer recesses. To date, Congress’ upper chamber has confirmed 146 Article III federal judges nominated by U.S. President Donald Trump. Some news outlets, including CNN, contend Trump is packing the federal bench in an unprecedented fashion. A front-page The New York Times ...

Read More »

COMMERCIAL FINANCE 701 — The project equity morass

Ample equity is to project construction what grain is to whiskey. Equity can jumpstart a project and satisfy a critical lender financing requirement.  But just how much equity, from where, and at what price? Our hypothetical project is a 120-unit, to-be-constructed apartment complex on land under contract. Our developer has, wisely, formed a new single purpose entity, which we will ...

Read More »

BEN WILLIAMS — 100 Federal Judges

On May 2, 2019, President Trump reached (and passed) the 100-judge mark of Article III federal judicial confirmations. Article III judges are appointed for life. The alarums and excursions surrounding the subpoena-feuds, Mueller Report, and U.S. Attorney General Barr’s testimony (and non-testimony) muted recognition of the judicial milestone. It took Trump 832 days (2.3 years) to place 100 federal judges ...

Read More »

COMMERCIAL FINANCE 701 — Swapping a floating rate for a fixed rate

In the commercial loan world, pricing is frequently tied to a floating (variable) rate index, which places the risk of a rising interest rate squarely on the borrower.  Depending on the term and size of the loan, the underlying financial strength of a borrower, risk aversion, and soothsaying predictions about the direction of interest rates, a borrower might want to ...

Read More »

BEN WILLIAMS — A cocktail party guide to Presidential pardons

Our Cocktail Party constitutional law series continues with an overview of presidential pardons. We attempt to introduce a modicum of objectivity into the discussion to temper the propaganda flowing from CNN. Why the interest? Despite innuendo from the liberal press, President Trump’s use of the pardon pen has been uncharacteristically restrained. After more than two years in office, he has ...

Read More »

BEN WILLIAMS — PowerScoring Trump’s judicial appointments in the first 18 months

Ben Williams In his first 18 months in office, President Trump placed 44 lifetime Article III federal judges on the bench. Conservative pundits praise the record. But how do the 44 confirmations really stack up? The U.S. currently has 860 congressionally established Article III judicial positions, breaking down as follows: 9 Supreme Court justices, 179 appellate judges, 663 district judges, ...

Read More »

BEN WILLIAMS — The one 2018 U.S. Supreme Court opinion to read

The U.S. Supreme Court wrapped up the sitting portion of the 2017-2018 term on June 28, 2018. The nine lifetime Justices left 59 signed merit opinions and a stunned public in their wake. The June opinion releases overshadowed the term. In rapid fire decimation of liberal aspirations, the Court announced a slew of controversial, conservative opinions. Swing vote Justice Anthony ...

Read More »

BEN WILLIAMS — Slam dunk beach read from the U.S. Supreme Court

Just in time for that summer trip, the U.S. Supreme Court has released a jackpot beach read: Murphy v NCAA. Justice Samuel Alito – a wannabe baseball commissioner who once suited up at a Phillies Phantasy Camp – lays the cards on the table and upends the long-time federal ban on sports betting. This 49-page page-turner has it all –sports, ...

Read More »

COMMERCIAL FINANCE 701 — Real estate loans – HVCRE revisited

In the midst of all the recent investigations, pardons, Supreme Court rulings, and incessant breaking news, you might have missed a favorable change in federal banking law.  On May 22, Congress amended the Dodd–Frank Wall Street Reform and Consumer Protection Act (enacted in 2010), which revisions included significant tweaks to the High Volatility Commercial Real Estate (HVCRE) regulations governing commercial ...

Read More »