Ned Schodek

Ned Schodek

Shearman & Sterling LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Delaware Bankruptcy Court Invalidates on Public Policy Grounds a “Golden Share” Provision in LLC Agreement Designed to Limit LLC’s...

In a June 3, 2016 decision, the United States Bankruptcy Court for the District of Delaware (“the Bankruptcy Court”) invalidated, on federal public policy grounds, a provision in the debtor-LLC’s operating agreement that it...more

6/20/2016 - Bankruptcy Court Chapter 11 Commercial Bankruptcy Energy Sector Forbearance Agreements Limited Liability Companies Operating Agreements Public Policy

High Court Rejects Narrow Bankruptcy Fraud Exemption

In its recently issued decision in Husky International Electronics, Inc. v. Ritz, a 7-1 majority of the Supreme Court has clarified that intentionally fraudulent transfers designed to hinder or defraud creditors can fall...more

5/19/2016 - Chapter 7 Commercial Bankruptcy Debtor-Creditor Dischargeable Debts Fraudulent Conveyance Husky International Electronics v Ritz Personal Liability SCOTUS

Making the Safe Harbors Safe Again - United States Court of Appeals for the Second Circuit Holds That State Law Constructive...

The Bankruptcy Code contains “safe harbors” that, among other things, exempt transfers made in connection with certain financial contracts, including securities contracts, from avoidance by the bankruptcy trustee as...more

5/3/2016 - Bankruptcy Code Commercial Bankruptcy Fraudulent Transfers Leveraged Buyout Preemption Safe Harbors

United States Bankruptcy Court for the Southern District of New York Holds That Avoidance Powers Can Be Applied...

On January 4, 2016, the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”) deviated from SDNY precedent and held that, despite the absence of clear Congressional intent, the...more

2/3/2016 - Bankruptcy Code Bankruptcy Court Chapter 15 Extraterritoriality Rules Fraudulent Transfers

United States Court of Appeals for the Second Circuit Holds That Claims Arising from Securities of a Debtor’s Affiliate Must Be...

On December 14, 2015, the United States Court of Appeals for the Second Circuit held that claims arising from securities of a debtor’s affiliate must be subordinated to all claims or interests senior or equal to claims of the...more

1/5/2016 - Affiliates Appeals Bankruptcy Code Debt Securities Lehman Brothers Unsecured Debt

United States District Court for the Southern District of New York Largely Dismisses Lehman’s $8.6 Billion “Slush Fund” Claims...

On September 30, 2015, the United States District Court for the Southern District of New York (the “District Court”) denied the motion of Lehman Brothers Holdings Inc. (“LBHI,” and collectively with all of LBHI’s...more

10/15/2015 - Broker-Dealer Chapter 11 Clearing Agents Commercial Bankruptcy Creditors Dismissals JPMorgan Chase Lehman Brothers Repurchases

The United States Bankruptcy Court for the Southern District of New York Deals Loss to Lehman in Interpreting Loss Under ISDA...

In a blow to the Lehman Chapter 11 estates, the United States Bankruptcy Court for the Southern District of New York held on September 16, 2015 that Intel Corporation’s Loss calculation resulting from a failed transaction...more

10/1/2015 - Banking Sector Bankruptcy Court Chapter 11 Commercial Bankruptcy Intel ISDA ISDA Master Agreement Lehman Brothers Valuation

Southern District of New York Holds in Madoff That the Bankruptcy Code Cannot Be Used to Recover Extraterritorial Transfers

Dealing a major blow to the trustee’s efforts to recover fraudulent transfers on behalf of the bankruptcy estate of the company run by Bernard Madoff, Judge Jed S. Rakoff of the United States District Court for the Southern...more

8/6/2014 - Bankruptcy Code Bernie Madoff Commercial Bankruptcy Cross-Border Extraterritoriality Rules Feeder Funds Foreign Investment Fund Fraudulent Transfers Insolvency Judge Rakoff Popular

Second Circuit Holds that Federal Reserve Bank of NY Was Not Subject to State Law Fiduciary Duty Claim for Actions During...

Late last month, in Starr Int’l Co. v. Fed Reserve Bank of N.Y., the Second Circuit held that the Federal Reserve Bank of New York (“FRBNY”) could not be held liable for state law fiduciary duty claims when it was acting...more

2/10/2014 - Breach of Duty Federal Reserve Fiduciary Duty

FDIC Board Releases Single Point of Entry Resolution Strategy for Public Comment

On December 18, 2013, the Board of Directors of the Federal Deposit Insurance Corporation (“FDIC”) published a widely anticipated notice in the Federal Register (the “Notice”) setting forth the FDIC’s single point of entry...more

12/23/2013 - Bank Holding Company Dodd-Frank FDIC Orderly Liquidation Authority SIFIs Too Big to Fail

10 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*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*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.
×