Volume 3 Issue 3

Quarterly Newsletter

October 2025 minute read

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Industry News

Bankruptcy/Corporate Restructuring
U.S. banks borrowed $1.5 billion from the Federal Reserve’s Standing Repo Facility on September 15, 2025, the deadline for quarterly corporate tax payments and Treasury debt settlements, suggesting tightness in meeting funding obligations. Read more here.
 
Analysts have expressed concern about hidden risks in the $1.7 trillion private credit market, with the accumulation of warnings about defaults. Read this article for more details.  
 
Corporate/M&A
On September 5, 2025, the FTC voted to voluntarily dismiss its appeal of the court rulings prohibiting it from enforcing its non-compete rule on grounds that the rule exceeds the scope of the FTC’s power. Through this action, the FTC signaled that it would dedicate its resources toward investigations and enforcement rather than developing a new rule to replace the ban. Read more here.
 
On September 17, 2025, the Securities and Exchange Commission approved a new framework with respect to crypto ETFs which would shorten launch timelines, cut administrative costs, and make cryptocurrency more accessible to investors. Read more here.
 
Commercial Litigation/ADR
In a statement released on September 5, 2025, the FTC announced its formal withdrawal of its appeals in 5th Circuit and 11th Circuit cases and acceded to vacating the Non-Compete Clause rule. Read more here.
 
Real Estate
While not a dramatic shift, the Fed’s recent rate cut is expected to provide a meaningful boost to commercial real estate. Read more here.
 
This video discusses the current state of the commercial real estate market and the encouraging signs.
 
A new rule requires title insurers and closing professionals to report to FinCEN certain beneficial owner information for non-financed transfers of residential property to entities or trusts. See here for more.

We're Hiring!

We’re seeking talented and friendly attorneys.

​If you are interested in working at M&B, please contact us at [email protected].

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M&B Life

​We are excited to share that we have added a Trusts & Estates practice to our growing firm. Click here to learn about the Trusts & Estates services we offer.

​Some members of the M&B team recently met for happy hour at Wall Street Grill.

​Congratulations to Ilana Volkov for being recognized in the 2026 edition of The Best Lawyers in America® and to Sophia Herbst and Cynthia Botello for being recognized in the 2026 edition of Best Lawyers: Ones to Watch® in America!

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M&B News

​Bankruptcy/Corporate Restructuring
Dave McGrail, Mona Kaplan, and Bob Kern represent (i) an organic waste disposal business and (ii) a regional gym chain in their respective out-of-court restructurings and related matters.
 
Ilana Volkov, Joshua Hager, Ephraim Glatt, and Sophia Herbst successfully objected to the closing of a bankruptcy case in order to safeguard a creditor’s interests.
 
Ilana Volkov represents numerous creditors, landlords, and/or contract counterparties in the following complex Chapter 11 bankruptcy cases:  At Home Group Inc. (Del); DelMonte Food Corporation (N.J.); Genesis Healthcare (N.D. Tex.); New Rite Aid, LLC (N.J.); and ModivCare Inc. (S.D. Tex.).
 
Corporate/M&A
Mendy Bensinger, Jason Bitsky, and Steven Roz represented a client in a commercial transaction involving the purchase of a property in Connecticut for $28.5 million.
 
Mona Kaplan, Bob Kern, Steven Roz, and Pearl Shah Dalsania represented a client in purchasing a point-of-sale business for $2.4 million.
 
Mendy Bensinger and Pearl Shah Dalsania are representing a client in a joint venture relating to an innovation in the speech therapy industry.
 
Commercial Litigation/ADR
Kate McGrail and Cynthia Botello obtained a complete dismissal of a multi-million-dollar lawsuit, including claims of fraud and negligent misrepresentation, against a financial advisor in the Commercial Division of the New York Supreme Court, with the Court cautioning plaintiffs not to replead.
 
Ephraim Glatt  and Cynthia Botello secured a court order to dissolve and convey the real property of a congregation over the objections of a proposed intervenor.
 
Mendy Bensinger, Ephraim Glatt, and Pearl Shah advised an entrepreneur how to deftly terminate a poor business arrangement without resorting to litigation.
 
Ephraim Glatt and Pearl Shah Dalsania assisted a company in the food industry in resolving a dispute with an investor.
 
Kate McGrail negotiated Form U5 language favorable to a financial advisor terminated from a broker dealer.
 
Ephraim Glatt and Cynthia Botello successfully defeated a motion to dismiss filed by private equity fund defendants in a multimillion-dollar lawsuit for a healthcare client.
 
Patrick Train-Gutiérrez secured a favorable settlement in a collections matter, allowing the client to avoid the time and expense of additional discovery and motion practice. 
 
Real Estate
Joshua Hager advised a client in connection with financing a portfolio of shopping centers in New York.