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1
Supreme Court Holds That Trademark Licensor's Rejection Does Not Rescind Or Terminate License
On May 20, 2019, in Mission Product Holdings, Inc. v. Tempnology, LLC, 587 U.S. ---, 139 S. Ct. 1652 (2019), the Supreme Court resolved a split among the circuits
United States
2 Jul 2019
2
ILPA Releases Guidance On General Partner-Led Secondary Fund Restructurings
In response to the increasing prevalence of general partner (GP)-led secondary fund restructurings, the Institutional Limited Partners Association (ILPA) has released guidance regarding this practice.
United States
17 Jun 2019
3
Narrowly Tailored Credit Events: Proposed Changes To The Credit Derivatives Definitions And Preliminary Takeaways
Narrowly tailored credit events have emerged as one of the most controversial opportunistic CDS strategies in recent years.
United States
28 Mar 2019
4
Don't Set Me Off: No Triangular Setoff Among Affiliated Entities And A Debtor Counterparty
The Bankruptcy Code provides debtors with the opportunity for a fresh start in the face of mounting financial obligations.
United States
18 Mar 2019
5
Fifth Circuit Disallows Make-Whole Payment In Bankruptcy
On Jan. 19, 2019, the U.S. Court of Appeals for the Fifth Circuit vacated a bankruptcy court decision awarding Ultra Petroleum Corp. noteholders $201 million
United States
19 Feb 2019
6
Funds Talk: January 2019
This article offers an overview of the different features of qualified opportunity funds and like-kind exchanges, and although both options may be used to alleviate your immediate tax burden,
United States
17 Jan 2019
7
Financing Techniques To Enhance Creditors' Protections In Retail Bankruptcy Cases
It cannot really be debated that the Four Horsemen of the "retail apocalypse" have arrived and are comfortably hanging around the nation's shopping districts. Dozens of retailers filed for bankruptcy
United States
4 Dec 2018
8
15 Years Of Pivotal Credit Market Events & Influencers
Bankruptcy and Restructuring partner Thomas Moers Mayer wrote an update on General Motors and Chrysler's bankruptcy filing in 2009
United States
29 Nov 2018
9
Horizontal Gifting Upheld In Chapter 11 Plan In The Third Circuit
A noteholder appealed, arguing, among other things, that the plan unfairly discriminated against his class of claims since other unsecured creditors in separate classes would receive 100 percent recovery.
United States
12 Nov 2018
11
Third Circuit Remands W.R. Grace Decision Concerning Plan Channeling Injunction And Insurance Providers, Providing Additional Insights For Third Parties And Claimants
The Bankruptcy Court ultimately ruled in favor of CNA, denying the Plaintiffs' motion to dismiss CNA's complaint and granting summary judgment in favor of CNA.
United States
12 Nov 2018
13
Exercising Independence In Restructuring: The Path To Better Governance
A rising number of distressed companies are appointing independent directors or managers (Independents) prior to filing for bankruptcy. Independents—who may act as part of special committees...
United States
2 Oct 2018
14
Bankruptcy Court Holds That Termination Of Lease Does Not Equal Termination Of Estate Property
On the other hand, the Debtor argued that the stated term of a lease referred only to the lease's specified calendar end date.
United States
31 Aug 2018
15
Texas Court Declines To Adopt Rule Holding Violation Of Law Is Per Se Bad Faith In Fraudulent Transfer Actions
The defendant was hired by a contractor of the debtor to acquire mineral interests in Oklahoma.
United States
31 Aug 2018
16
Delaware Bankruptcy Court Dismisses Committee's Complaint Challenging Portion Of Credit Bid
Katy Industries Inc. manufactured, imported and distributed commercial cleaning and consumer storage products.
United States
31 Aug 2018
17
You've Got Contract: An Email Establishes Binding Settlement In The Second Circuit
In Shinhan Bank v. Lehman Brothers Holdings Inc. (In re Lehman Brothers Holdings Inc.), 17-2700 (2d Cir. July 17, 2018), the Second Circuit upheld the bankruptcy court's and district court's ruling that an email ...
United States
31 Aug 2018
18
Third Circuit Affirms Bankruptcy Court Retention Of Jurisdiction To Resolve Dispute Despite Arbitration Provision
The Third Circuit, in a nonprecedential opinion in FBI Wind Down, Inc. Liquidating Trust v. Heritage Home Group, LLC (In re FBI Wind Down Inc.), Case No. 17-2315 (3d Cir. July 27, 2018), ...
United States
31 Aug 2018
19
Delaware District Court Holds That A $30 Million Haircut Is Not Unfair Discrimination In A Cramdown Plan
After the Third Circuit found that the appeal of confirmation of the Tribune Plan by two senior notes trustees was not equitably moot, Judge Sleet of the Delaware District Court held that the Tribune Plan's failure to strictly enforce ...
United States
31 Aug 2018
20
Ninth Circuit Affirms Creditors' Ability To Buy Blocking Position Of Unsecured Claims
To block the Debtor's plan, the Bank had purchased enough unsecured claims to obtain a blocking position in class 4.
United States
22 Jun 2018
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