Henry Weisburg

Henry Weisburg

Shearman & Sterling LLP

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New York Adopts Rule Allowing Parties to Agree to 'Accelerated Adjudication' of Lawsuits in the Commercial Division of New York...

The New York state court has adopted a rule that will allow parties to agree to have a Commercial Division lawsuit heard on an expedited basis. The rule permits parties to agree in a contract that any lawsuit arising out of...more

5/5/2014 - Adjudicatory Process Discovery Expedited Discovery Waivers

New York Court Affirms Separate Entity Ruling on Appeal

On March 11, 2014, a New York state appellate court affirmed an important decision on the “separate entity” rule that is favorable to all multinational banks that maintain a New York branch. New York’s separate entity rule...more

3/18/2014 - Banks Discovery Extraterritoriality Rules Multinationals

Don’t Cry for Me Argentine Bondholders: Argentina and Exchange Bondholders File Certiorari Petitions

On February 18, both Argentina and the Exchange Bondholders Group filed petitions for writs of certiorari with the Supreme Court, seeking review of the Second Circuit’s rulings in the pari passu litigation. We discuss below...more

2/26/2014 - Bonds Certiorari SCOTUS

Don’t Cry for Me Argentine Bondholders: Avoiding Supreme (Court) Confusion

Argentina is in hot pursuit of multiple audiences before the Supreme Court: two petitions for writs of certiorari filed by Argentina are pending in the NML v. Argentina cases, and another is almost certainly on the way. In...more

9/27/2013 - Bonds Certiorari Debt Restructuring Discovery Foreign Official Immunity Injunctions Jurisdiction NML v Argentina Pari Passu SCOTUS Sovereign Immunity

Don’t Cry for Me Argentine Bondholders: The Second Circuit Rules

On August 23, the Second Circuit issued its long-awaited opinion on Argentina’s appeal from the Southern District’s amended injunction requiring that Argentina make “ratable payment” to the plaintiffs when it next makes...more

8/28/2013 - Bonds Certiorari Creditors SCOTUS

Don’t Cry for Me Argentine Bondholders: Argentina Seeks Supreme Court Review

Argentina filed a petition for writ of certiorari in US Supreme Court: what Argentina wants, when the Supreme Court will answer, and whether or not Argentina will get its day in the high Court. On June 24, the Republic...more

6/28/2013 - Bonds Debt Restructuring FISA Foreign Official Immunity Injunctions Jurisdiction NML v Argentina Pari Passu SCOTUS Sovereign Immunity

Don’t Cry For Me Argentine Bondholders: Plaintiffs Reject Argentina’s Proposal

The plaintiffs have squarely rejected the proposal that Argentina made in its March 29 reply to the Second Circuit’s March 1 inquiry as to how Argentina planned to “make current” the “original bonds” held by the plaintiffs....more

4/22/2013 - Bonds Debt Restructuring Sovereign Debt

Don’t Cry For Me Argentine Bondholders: Argentina Responds To The Second Circuit’s Inquiry

In responding to the Second Circuit’s March 1 inquiry as to how Argentina planned to “make current” the “original bonds” held by the plaintiffs, Argentina has once again made it clear that it will not treat the plaintiffs any...more

4/1/2013 - Bonds Debt

Don’t Cry for Me Argentine Bondholders: Second Circuit Requests a Payment Proposal

The Second Circuit has ordered Argentina to submit a payment proposal, following oral argument in the NML v. Argentina appeal. As we reported in our February 28 note, the three-judge panel of the Second Circuit expressed...more

3/1/2013 - Bonds NML v Argentina

Don’t Cry for Me Argentine Bondholders: Important Argument in the Second Circuit

The three-judge panel of the Second Circuit heard approximately two-and-a-half hours of vigorous oral argument in NML v Argentina yesterday. While no decision was announced, the judges gave strong suggestions as to their...more

2/28/2013 - Bonds NML v Argentina

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