As I’m no longer compelled to talk my book (in fact, I actually don’t have a book), I can now talk critically about legal opinions. Not to bury the lede, but I am of the view that much of our transactional opinion practice is pretty silly and counterproductive. But, on the other hand, I’m also compelled to
In Defense of Closings Human-ware Style: Fixing Our Growing Lord of the Flies Problem
As many of you know, I am retiring from Dechert LLP but anticipate staying active in our industry in my advisory vehicle, Jackstay Investments, LLC. The firm has graciously given me the domain name CRUNCHEDCREDIT and hence, I will begin to resume publishing my commentaries in CrunchedCredit on an ongoing basis. You will also be
Could We Bring It All Down?
I’m going to tell you a story. This is the type of thing told around campfires designed to scare naïfs, who know too little, and PhDs who (think) they know too much. I don’t necessarily believe in the story, but it could be true.
Once upon a time, in a time we now call the
Why Are We So Calm?
This is just a short note, with little actual utility, but it’s about something that’s really bothering me.
Why are we so calm? What has anesthetized us?
I’ve had numerous conversations with market-makers in and around our business and many, not all, but many, seem very relaxed about the here and now. I hear: Spreads
Winter Is Here: Buy a Snow Shovel
Winter is surely coming. One might hope it will arrive without the sorcery, murder, mayhem and intrigue of that memorable HBO show, but surely it will be freighted by its own quantum of trauma and anxiety. Actually, what am I saying? Winter is coming? Winter is already here, but many have elected to not
Welcome to the New Normal – Funny Times Revisited
Several weeks ago, I wrote a commentary called Funny Times in which I bemoaned the complete lack of coherent data, making the process of predicting the course of interest rates, cap rates and transactional velocity over the next couple of quarters awfully hard. This uncertainty, itself, contributes to a knock-on doom cycle sort of way
The CRE CLO is Coming Back Soon: Who You Gonna Believe, Me or Your Lying Eyes?
I’ve written extensively about the CRE CLO technology for a long time and why it is the best leverage technology across securitization markets. With the sponsor typically holding up to 20% of the bottom of the capital stack, it represents the best alignment of interests between sponsor and investor. For the sponsor, it provides unique
Birds Do It, Bees Do It, Even Educated Fleas Do It. Should The CRE Securitization Industry Advertise? [1]
If the wisdom of crowds has any validity (and there’s no real evidence that it’s any worse than the pontifical huffings of the chattering class), then there’s hope for 2023. Optimism did itself proud at CREFC. We’ll see if that optimism is recapitulated at SFVegas and at the MBA CREF meeting coming up in the
2022 Golden Turkeys
It’s Golden Turkey Awards Time, Folks!
Our Turkeys are a little late this year but hey, we’ve been busy worrying about the collapse of the world’s economy. This is the 10th edition of our Turkeys and much thanks to our disorderly, often dysfunctional, regularly inscrutable and absurd government, polity and marketplace for continuing to
CREFC Capital Markets Conference Recap
On October 26, 2022, Dechert partners Laura Swihart and Stewart McQueen attended the CREFC Capital Markets Conference in New York City. Stewart gave opening remarks and Laura moderated a panel on the current housing market and its intersection with multi-family, single-family and build-to-rent properties. Laura and Stewart sat down with Law Clerks Jared Goldstein and