In SEC v. Ripple Labs, the U.S. Securities and Exchange Commission (“SEC”) alleges that Ripple Labs, Inc. and two of its executives raised over $1.3 billion through an unregistered and ongoing digital asset securities...more
7/18/2023
/ Capital Raising ,
Cryptocurrency ,
Digital Assets ,
Enforcement Actions ,
Offerings ,
Ripple ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Securities Violations ,
Unregistered Securities
Recent turbulence in the crypto asset market and comments by certain regulators raise the critical question of what happens to crypto assets held by a crypto custodian if the custodian becomes insolvent. Custodians include...more
The recent decision in Re Prosafe SE pits the principle of freedom of contract against the increasingly popular modified universalism in the cross-border restructuring and insolvency space.
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On November 7, 2020, a group of CLOs holding a minority of a first lien loan to TriMark – a restaurant supply company – sued TriMark, its private equity sponsors Centerbridge and Blackstone, and a group of CLOs and other...more
In our prior bulletin, we discussed the July 6, 2016 decision of Judge Shelly Chapman of the United States Bankruptcy Court for the Southern District of New York in In re Lehman Brothers Holdings Inc., 553 B.R. 476 (Bankr....more
Section 546(e) of the Bankruptcy Code protects certain transfers from clawback under the avoidable transfer provisions of the Bankruptcy Code where, among other things, such transfers are made by, to, or for the benefit of...more
On remand from an appeal to the United States District Court for the District of Delaware, Bankruptcy Judge Laurie Selber Silverstein penned a resounding and thoroughly reasoned sixty-nine page opinion holding that the...more
On May 3, 2017, the Financial Oversight and Management Board for Puerto Rico (the “Oversight Board”), on behalf of the Commonwealth of Puerto Rico (“Puerto Rico”), filed a petition for relief under Title III of the Puerto...more
On March 22, 2017, the United States Supreme Court (the Supreme Court) in In re Jevic Holdings Corp. held that a final disposition of estate funds cannot violate the Bankruptcy Code’s priority system by distributing value to...more