Solomon Noh

Solomon Noh

Shearman & Sterling LLP

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EFIH Noteholders Find Redemption for the Payment of Make-Whole Premiums

On November 17, 2016, the United States Court of Appeals for the Third Circuit issued a decision in which it held that holders of first lien notes and second lien notes of Energy Future Intermediate Holding Company LLC and...more

11/22/2016 - Acceleration Appeals Automatic Stay Bankruptcy Court Bonds Chapter 11 Commercial Bankruptcy Contract Interpretation Debt Financing Energy Notes Make-Whole Doctrine Rescission Reversal Right of Redemption Senior Indenture

Court of Justice of the European Union Confirms Validity of the European Commission’s 2013 Banking Communication on State Aid

In its judgment of 19 June 2016, the Court of Justice of the European Union confirmed that the European Commission’s 2013 Banking Communication is not contrary to EU law. The Court clarified that the burden-sharing...more

8/10/2016 - Banking Sector CJEU EU European Commission Slovenia State Aid

Judge Chapman Flips the Script

US Bankruptcy Court for the Southern District of NY Grants Noteholders’ Motion to Dismiss Based on Lehman’s Failure to State Claim With Respect to Flip-Clause Litigation - On June 28, 2016, in what essentially was a...more

8/9/2016 - Bankruptcy Code Chapter 11 Collateralized Debt Obligations Commercial Bankruptcy Flip Transactions Lehman Brothers

Not So Safe After All?

United States Bankruptcy Court for the District of Delaware Holds That Litigation Trustee May Pursue State Law Fraudulent Conveyance Claims, Notwithstanding Bankruptcy Code Safe Harbors - On June 20, 2016, the United...more

8/9/2016 - Bankruptcy Code Commercial Bankruptcy Fraudulent Transfers Preemption Private Equity Funds Safe Harbors

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 Company (LLC) 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 Bankruptcy Court for the Southern District of New York Identifies New Jurisdictional Hook to Provide Chapter 15...

On October 28, 2015, the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”) issued a decision that significantly expands the jurisdictional bases that foreign issuers can rely upon...more

11/10/2015 - Bankruptcy Code BAPCPA Chapter 15 Jurisdiction UNCITRAL

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

Bank Resolution: English and German Courts Place Limits on Obligations to Give Effect to Actions of Resolution Authorities in...

In two recent decisions, European national courts have taken a narrow view of their obligations under the Bank Recovery and Resolution Directive (BRRD)—the new European framework for dealing with distressed banks. The message...more

8/21/2015 - Banks BRRD EU Germany Goldman Sachs Jurisdiction Member State UK

The Second Circuit Holds That Claims Against Lehman Brothers Related to Bilateral Repurchase Transactions Do Not Qualify for...

On June 29, 2015, the United States Court of Appeals for the Second Circuit affirmed the decision of the United States Bankruptcy Court for the Southern District of New York, which held that claims asserted by counterparties...more

7/16/2015 - Appeals Bankruptcy Code Bilateral Agreements Broker-Dealer Commercial Bankruptcy Contract Interpretation Creditors Lehman Brothers Repurchases SIPA Stock Repurchases Trustees

The Supreme Court Holds That a Bankruptcy Court’s Order Denying Confirmation of a Debtor’s Proposed Chapter 13 Plan Is Not a...

In a May 4, 2015 opinion1, the United States Supreme Court held that a bankruptcy court order denying confirmation of a chapter 13 repayment plan is not a final order subject to immediate appeal. The Supreme Court found that,...more

7/14/2015 - Appeals Bankruptcy Code Bankruptcy Plans Bullard v Blue Hills Bank Chapter 11 Chapter 13 Consumer Bankruptcy SCOTUS Secured Debt Unsecured Debt

The Third Circuit Court of Appeals Affirms Structured Dismissal of Chapter 11 Case, Holding That a Structured Dismissal Can...

On May 21, 2015, the United States Court of Appeals for the Third Circuit affirmed a decision of the United States Bankruptcy Court for the District of Delaware, which had approved the structured dismissal of the Chapter 11...more

6/2/2015 - Appeals Bankruptcy Court Chapter 11 Commercial Bankruptcy Priority Debt Structured Dismissals

The United States District Court for the Southern District of New York Upholds Rulings With Respect to Subordination, Cramdown and...

In a memorandum decision dated May 4, 2015, Judge Vincent L. Briccetti of the United States District Court for the Southern District of New York affirmed the September 2014 decision of Judge Robert D. Drain of the United...more

5/29/2015 - Chapter 11 Commercial Bankruptcy Cramdown Debt Liens

Bank Recovery and Resolution Directive – Implications for Repo and Derivative Counterparties

The Bank Recovery and Resolution Directive (BRRD) introduces an EU-wide regime for recovery and resolution planning for, and for resolution action to be taken in respect of, banks and large investment firms (typically the...more

5/13/2015 - Banking Sector EU EU Directive Investment Management

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

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