Bankruptcy, Business Torts, Business Organization

Supreme Court to Address Circuit Split Over 'Defalcation' Meaning

by Duane Morris LLP on 11/26/2012

Originally published in The Legal Intelligencer on November 16, 2012. In a corporate system based in part on the separation of ownership and control, the relationship between principals and agents is riddled with agency...more

Mezzanine Borrower’s Chapter 11 Case Filed on Eve of Foreclosure Sale Dismissed as a Bad Faith Filing

by Cadwalader, Wickersham & Taft LLP on 4/24/2012

On December 22, 2011, Judge Mary F. Walrath of the U.S. Bankruptcy Court for the District of Delaware dismissed with prejudice a mezzanine borrower’s chapter 11 case. See In re JER/ Jameson Mezz Borrower II LLC, 461 B.R. 293...more

EMAK Worldwide, Inc. v. Kurz, et al., No. 512, 2011 (Del. Apr. 17, 2012)

by Potter Anderson & Corroon LLP on 4/23/2012

In this appeal, the Delaware Supreme Court affirmed an interim fee award of $2.5 million to plaintiff’s attorneys, which the Court of Chancery granted following its decision in Kurz v. Holbrook, 989 A.2d 140 (Del. Ch. 2010),...more

Administratie- en jaarrekeningplicht: gesneden koek?

by Monique Bourquin on 2/27/2012

In de MKB-praktijk zijn er holdingstructuren met één holding en één werkmaatschappij, waar één administratie wordt gevoerd. Bij het opstellen van de individuele jaarrekeningen...more

Lenders Beware: Delaware Supreme Court Holds Creditors of Insolvent LLC Lack Derivative Standing

by Cole Schotz on 9/23/2011

The Delaware Supreme Court recently held that creditors lack standing to bring a derivative suit on behalf of an insolvent Delaware limited liability company (an “LLC”) under the Delaware Limited Liability Company Act (the...more

Fifth Circuit Holds That Fiduciary Obligations to General Partner Can Extend to Partnership

by Katten Muchin Rosenman LLP on 4/15/2011

The U.S. Court of Appeals for the Fifth Circuit held that a corporate fiduciary who exercises substantial control over a limited partnership managed by a corporation can owe fiduciary obligations to the partnership...more

Business Income & Expense Guide

by Parkes Law Group, LLC on 3/3/2011

Please feel free to use our quick guide of small business accounting. This form will help you determine your level os solvency. ...more

Small Business & Bankruptcy: Arizona Bankruptcy Attorney

by John Skiba on 2/3/2011

Many dream of the day when they can start their own business. Unfortunately for some once the dream finally happens it ends all too soon. I am seeing many businesses that were quite successful for a number of years who have...more

Southern District Rules on the RetroactiveApplication of the New Changes to FederalRule of Civil Procedure 26

by Aaron Minc on 12/10/2010

In a previous post, I discussed one of the important changes to the Federal Rules of Civil Procedure that took effect on December 1, 2010 regarding the discoverability of Attorney-Expert Communications under FRCP 26. The...more

Directors' Disqualification Proceedings in the United Kingdom

by Druces LLP on 8/2/2010

In the United Kingdom, Directors' Disqualification proceedings under the Company Directors Disqualification Act 1986 do not only arise on company insolvency. In this article, Richard Baines and Marie-Louise King of Druces LLP...more

Business Owner's Indespensible Guide to Choice of Entity

by Vicknair Law Firm, APLC on 6/3/2010

This article is an indespensible guide to business owners on selecting the appropriate business entity for their particular situation....more

Business Owner's Indespensible Guide to Choice of Entity

by Vicknair Law Firm, APLC on 6/3/2010

This article provides the business owner with indespensible guidance on selecting the appropriate business entity....more

California Appellate Court’s Decision Limits a Creditor’s Ability to Bring a Breach of Fiduciary Duty Claim Against Directors of...

by Manatt, Phelps & Phillips, LLP on 4/5/2010

On February 3, 2010, the California Supreme Court denied review of a significant decision by the California Court of Appeal, Sixth Appellate District, that limits a breach of fiduciary duty action brought by creditors against...more

False financial statements are forever

by James J. Falcone on 7/10/2009

Presenting false financial information to qualify for a loan, lease, or other purpose may have no legal consequences if the provider lives up to the agreement. But if the deal goes sour,the statements can reappear and result...more

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Bankruptcy › Business Torts › Business Organization

Supreme Court to Address Circuit Split Over 'Defalcation' Meaning

Mezzanine Borrower’s Chapter 11 Case Filed on Eve of Foreclosure Sale Dismissed as a Bad Faith Filing

EMAK Worldwide, Inc. v. Kurz, et al., No. 512, 2011 (Del. Apr. 17, 2012)

Administratie- en jaarrekeningplicht: gesneden koek?

Lenders Beware: Delaware Supreme Court Holds Creditors of Insolvent LLC Lack Derivative Standing

Fifth Circuit Holds That Fiduciary Obligations to General Partner Can Extend to Partnership

Business Income & Expense Guide

Small Business & Bankruptcy: Arizona Bankruptcy Attorney

Southern District Rules on the RetroactiveApplication of the New Changes to FederalRule of Civil Procedure 26

Directors' Disqualification Proceedings in the United Kingdom

Business Owner's Indespensible Guide to Choice of Entity

Business Owner's Indespensible Guide to Choice of Entity

California Appellate Court’s Decision Limits a Creditor’s Ability to Bring a Breach of Fiduciary Duty Claim Against Directors of...

False financial statements are forever

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