David Conaway

David Conaway

Shumaker, Loop & Kendrick, LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Client Alert: Hurts So Good - US Supreme Court Rejects Attorneys Fees in Chapter 11

On June 15, 2015, the US Supreme Court ruled that a law firm could not recover fees it incurred in defending its own fee application. THE ASARCO CASE - The case involved the copper company ASARCO LLC that filed...more

7/2/2015 - American Rule Attorney's Fees Bankruptcy Court Chapter 11 Commercial Bankruptcy SCOTUS

Insights Newsletter - Spring 2015

In This Issue: - The Importance of Accredited Investors for Small Business Capital Formation - “All Appropriate Inquiries”: Update on the Environmental Due Diligence Standard - A Hunt for Justice Erodes...more

6/12/2015 - Accredited Investors Angel Investors ASTM Attorney-Client Privilege Capital Formation CERCLA Data Breach Dodd-Frank Drinking Water Due Diligence Economic Development Entrepreneurs EPA Estate Planning Financial Planning Limited Liability Companies Private Equity SEC Seed Financing Small Business Startups Tax Planning Venture Capital

Neither a Borrower Nor a Lender be ...

Many lawyers have written articles about a February 27, 2015 U.S. Court of Appeals (11th Circuit) ruling (In re Maury Rosenberg) against petitioning creditors of an involuntary Chapter 7 proceeding. INTRODUCTION...more

5/7/2015 - Asset-Backed Securities Attorney's Fees Bad Faith Chapter 7 Commercial Bankruptcy Creditors Durable Medical Equipment Finance Lease Contract US Bank

A Hunt for Justice Erodes the Attorney-Client Privilege

In a highly regulated environment, it is challenging for U.S. corporations to maintain 100% compliance with each and every law touching them. When issues arise, U.S. corporations rely on the ability to have full and frank...more

12/22/2014 - Attorney-Client Privilege Bribery Corporate Counsel Discovery Mexico Shareholder Litigation Wal-Mart

Reducing a Customer's Accounts Receivable in the Zone of Insolvency

Reuters, Bloomberg and Debtwire are all reporting negative financial information about your customer: "Bond ratings are down-graded, bond prices are falling, a likely “restructuring” to address the bond debt,...more

10/17/2014 - Accounts Receivable Chapter 11 Commercial Bankruptcy Default Insolvency Lenders Payment Bonds

Working on the Chain Gang - Supply Chain Finance as the 'New Normal'

Adjusting to the “new reality,” many companies have focused on all aspects of their balance sheets to improve performance for stakeholders. Companies have realized that material extensions of credit terms regarding its...more

6/18/2014 - Banks Financing Libor Suppliers Supply Chain

"Insights" Newsletter - Spring 2014

In this issue: - Supply Chain Finance as the "New Normal" - Consumer Financial Protection Bureau Implements Regulations for Covered Mortgage Loans - Arbitration Guidelines - Navigating Foreclosure...more

5/21/2014 - Arbitration Arbitration Agreements Digital Assets DOMA Estate Planning Foreclosure Medical Devices One-Action Rule Patent Litigation Patents SCOTUS Supply Chain US v Windsor

Business Bankruptcy: Executive Summary - Need to Know Bankruptcy Concepts

The following is an executive summary of the “need to know” bankruptcy concepts as they impact creditors in business insolvencies. CHAPTER 11 vs. CHAPTER 7 - - Chapter 11 is technically used for bankruptcy...more

5/1/2014 - Chapter 11 Chapter 7 Commercial Bankruptcy

Working on the chain gang - Supply chain finance as the new norm: David Conaway addresses the pros and cons of supply chain...

Introduction - Adjusting to the “new reality”, many companies have focused on all aspects of their balance sheets to improve performance for stakeholders. Companies have realized that material extensions of credit...more

1/16/2014 - Banking Sector Borrowers Credit Financing Lenders Supply Chain Trade Credit

"Snowden. . .Snail Mail. . .Surveillance"

As Edward Snowden pursues asylum in Russia, the world is reeling in the revelations of the United States’ NSA (National Security Agency) surveillance activities and the US Postal Service’s policy of photographing every “mail...more

10/8/2013

A Value Play: Chapter 11 Mergers and Acquisitions

Chapter 11 is known as a forum for reorganizing or selling a financially distressed business. Chapter 11 allows companies to reject burdensome contractual obligations, shed non-core assets and “clean up” the balance sheet by...more

6/13/2013 - 363 Sales Acquisitions Chapter 11 Commercial Bankruptcy Mergers Stocks

The $382,901 Check Really is in the Mail

We recently delivered a $382,901 check to a client in payment of a Bankruptcy Section 503(b)(9) claim, known as a “20-day administrative” claim. The claim arose from the client’s pre-petition sale of goods to its customer....more

5/30/2013 - Chapter 11 Debtors Payment Plans Secured Creditors Unsecured Creditors

Can't You Hear Me Knocking? The Dreaded Preference Demand

You are in your office finishing your morning espresso when you receive an email from the CFO of your companies' U.S. subsidiary. Attached to the email is a letter from a U.S. law firm. Instinctively, you know this can't be...more

4/9/2013 - CFOs Chapter 11 Debtor-Creditor Subsidiaries

“Neither a borrower nor a lender be”

Originally published in eurofenix - Winter 2012/2013. David Conaway looks at alternative sources of working capital in US and Canadian insolvencies. It has been reported that Wal-Mart, the world’s largest retailer...more

1/10/2013 - Capital Markets Chapter 11 Global Economy Insolvency Loans Trade Credit Wal-Mart

Bankruptcy Law: Tousa Update - June 2012

We reported to you in detail about the Tousa Bankruptcy Court decision in November, 2009 which found payments to lenders and the grant of associated liens were avoidable as fraudulent conveyances. The impacted Tousa lenders...more

6/18/2012

Supply Contract Trumps Preference

Almond Products, Inc. A Supply contract may be an absolute defense to a preference claim. A supply contract is an “executory contract”, a bankruptcy term meaning a contract where both parties to the contract owe material...more

6/8/2012

Insights - Spring 2012

In This Issue: JOBS Act: Jumpstart Our Business Startups Act; Fracking: Ohio’s New Oil and Gas Boom; 2012 Estate Planning; American Airlines: Who’s Flying the Plane? Labor Law Update; S Corporations; Blow to Method...more

5/28/2012 - Accredited Investors Crowdfunding Dodd-Frank Emerging Growth Companies EPA FINRA Fracking JOBS Act SEC

Setoff a 100% Solution

Setoff a 100% Solution...more

10/25/2011

Chapter 15: International Bankruptcy:

Chapter 15: International Bankruptcy: Foreign Debtors Get Green Light to Sue U.S. Companies...more

9/8/2011

Sale of the Century-Five Days in September

In September 2008 Lehman Brothers Holdings Inc. and Lehman Brothers Inc. (collectively, “Lehman”) sold their historically coveted brokerage business to Barclays Capital Inc. Many believe the sale was necessary to prevent a...more

11/11/2010

20 Results
|
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×