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New York Court of Appeals Gives Global Banks Big Win on “Separate Entity” Issue

In Motorola Credit Corp. v. Standard Chartered Bank, 2014 N.Y. Slip Op. 07199, 2014 WL 5368774 (Oct. 23, 2014) (“Motorola”), the highest New York state court ended five years of uncertainty and for the first time expressly...more

11/10/2014 - Banks Foreign Banks Judgment Debtors Separate Entity Rule

Lehman: New Limitations on Plan Payment of Individual Creditors’ Committee Members’ Professional Fees

In the recent case of Davis v. Elliot Mgmt. Corp. (In re Lehman Bros. Holdings Inc.), 2014 U.S. Dist. LEXIS 48102 (S.D.N.Y. Mar. 31, 2014), the District Court for the Southern District of New York issued a decision barring...more

4/21/2014 - Attorney's Fees Bankruptcy Code BAPCPA Commercial Bankruptcy Creditors Indenture Trustee Lehman Brothers Reorganizations

7th Circuit Holds Successor Liable for FLSA Claims, Despite Buyer’s Disclaimer

In Teed v. Thomas & Betts Power Solutions, LLC, the 7th Circuit in an opinion written by Judge Posner held that, absent a good reason to withhold liability, a purchaser of assets was subject to successor liability for Fair...more

4/12/2013 - Asset Purchaser Auction FLSA Successor Liability

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