Arbitration Limitation: Ninth Circuit Holds That a Bankruptcy Court May Refuse to Enforce an Arbitration Clause by Mintz Levin - Bankruptcy, Restructuring &... on 5/22/2012 Clients often raise questions concerning the enforceability of arbitration clauses in bankruptcy proceedings. While this topic has been hotly debated for many years, a recent Ninth Circuit opinion, In re Thorpe Insulation...more
Court Holds Plan Does Not Trump Arbitration Clause In Parties’ Agreement by Cadwalader, Wickersham & Taft LLP on 4/27/2012 On March 9, 2012, Judge Allan L. Gropper of the U.S. Bankruptcy Court for the Southern District of New York held that a claim for damages resulting from a debtor’s breach of an executory contract must be arbitrated...more
Mass Preference Litigation: Strategies And Pitfalls (Including The Use Of Streamlined Procedures And Mediation) by Jackson Walker on 10/27/2011 TABLE OF CONTENTS PART A-- PLAINTIFF ISSUES ...1 I. APPLICATION OF THE TWOMBLY/IQBAL TO PREFERENCE ACTIONS ...2 A. Rule 12(b)(6) Decisions Pre-Twombly/Iqbal...2 B. Bankruptcy Courts After the Higher...more
Judge Refuses Washington Mutual Bankruptcy Confirmation by Tampa Bay Bankruptcy Center, P.A. on 10/17/2011 For the second time, bank holding company Washington Mutual was refused a confirmation of their reorganization efforts by bankruptcy judge Mary Walrath in Delaware without first engaging in mediation with various creditor...more
What is the dollar in the United States by Dan Goodman on 9/30/2011 A dollar in the United States is a Spanish Milled dollar coin, or its equivalent, in coin form, containing 371.25 grains of fine silver. Legal authority quoted, cited, and linked....more
Southern District Establishes Standards for 'Good Faith' Participation in Court-Ordered Mediation by Ruskin Moscou Faltischek on 7/18/2011 The U.S. District Court for the Southern District of New York issued a significant decision on March 18, 2011, that elucidates a standard for what constitutes good faith participation in a court ordered mediation. The A.T....more
Mediating Disputes Arising Out of Troubled Companies—Do It Sooner Rather Than Later by JAMS, The Resolution Experts on 7/7/2011 My first employer after law school, United States District Judge Carl B. Rubin, was fond of saying that only crazy or desperate people take cases to trial?everyone else settles. He may have been exaggerating a little, but...more
InfoBytes, April 29,2011 - Weekly In-depth review of news & developments in the financial services industry by BuckleySandler LLP on 4/29/2011 Topics In This Issue • Federal Issues • Courts • Firm News • Miscellany • Mortgages • Banking • Litigation • Criminal Enforcement Action Federal Issues FTC Returns $1.5 Million to Hispanic...more
Quinn Emanuel Business Litigation Report by Quinn Emanuel Urquhart & Sullivan, LLP on 12/1/2010 In this issue Firm News: Commercial Litigator Robert Hickmott Joins London Office Patent Trial Lawyer David Radulescu Joins New York Office Main Articles: Bespoke Litigation: An Alternative to Traditional...more
Financial Restructuring & Bankruptcy Department Alert - New Jersey Adopts Mediation Program to Avert Loss of Homes by Fox Rothschild on 9/2/2010 To address “an unprecedented increase in mortgage foreclosures, and negative financial and social impact on many New Jersey communities, due to social dislocation, declining housing values, neighborhood blight, homelessness,...more
In re Axiant, LLC Chapter 11 Voluntary Bankruptcy Petition by Randall Reese on 11/20/2009 On Friday, Axiant, LLC (also known as MBSolutions, LLC) filed for chapter 11 protection in Delaware in order to conduct a competitive auction process to sell substantially all of its assets. To that end, Axiant has entered...more
Q&A With Edwards Angell's Sander Rikleen by Edwards Angell Palmer & Dodge LLP on 10/22/2009 Law360, New York (October 22, 2009) -- Sander A. Rikleen is a partner in Edwards Angell Palmer & Dodge LLP's Boston office. Rikleen’s practice includes a wide variety of commercial trial work, with considerable experience in...more
International Legal News Volume 6 Issue 1 - March 27, 2009 by International Lawyers Network on 3/27/2009 In this Issue: *Regulation of Greenhouse Gases: The Management of Uncertainty Beirne, Maynard & Parsons LLP , Houston by James E. Smith & Benjamin A. Escobar *Watching from the Wings with Baited Breath – The WAL-MART...more
International Legal News Volume 1 Issue 3 - June 20, 2006 by International Lawyers Network on 6/20/2006 In this Issue: *China Issues Implementing Opinions on Approval and Registration of Foreign-invested Enterprises Lehman, Lee & Xu, Beijing, China by by Feng (Sandy) Lin *Bankruptcy - A New Guise PETERKA & PARTNERS...more