Roger Arnold on the IMF, the Eurozone, and the Final Countdown for Greece
Roger Arnold Says The Worst is Behind Us in Greece
Can My Creditors Put me In Jail?
20 Things a Debt Collector Can't Do
5 Reasons Consumers Should File an FDCPA Lawsuit
Why You Should Enter into a Payment Plan with a Junk Debt Buyer
Beginners Guide to Debt Collection Lawsuits by Portfolio Recovery Associates
Quick Guide to Stopping Collection Calls.
3 Proven Strategies to Get the Lowest Debt Settlement Possible
3 Proven Strategies for Dealing with a Midland Funding Lawsuit
If I won my case, why do I need to worry about an appeal?
BigLaw Recruiter: We Didn't Kill Dewey & LeBoeuf
What are the steps of an appeal?
Polsinelli Podcasts: Out-of-Court Alternatives to Bankruptcy
Polsinelli Podcasts - Supreme Court Closes Gap on Bankruptcy Issue
A Conversation with John Houghton on Asia Restructurings
Bennett Jones Spring 2014 Economic Outlook
Select Bankruptcy Issues for General Counsel – Part One
Not Dead Yet? How BigLaw's Best Firms Are Finding Growth
Update on Section 363 of the Bankruptcy Code and Delaware Bankruptcy Court’s Decision in the Fisker Automotive Holdings Inc. Bankruptcy Case
In This Issue:
- USDC Weighs in on Tortious Interference
- To Stay Clear of Stay Violations, Action May be Required
- Excerpt from To Stay Clear of Stay Violations, Action May be Required:
The Sixth Circuit held that GM was not obligated to contribute $450 million to fund retiree health benefits for UAW members because the most recent contract between the UAW and GM extinguished GM’s former obligation to...more
In the past decade, Chapter 11 practice has witnessed the rise of a new phenomenon: structured dismissals.1 Broadly speaking, the term structured dismissal is an umbrella term for a dismissal order that includes additional...more
In This Issue:
- Social Media Accounts in Bankruptcy: Business or Personal?
- Should Your Company Allow Pets for Take Your Dog to Work Day?
- Excerpt from Social Media Accounts in Bankruptcy: Business or...more
Earlier this year, Orrick’s Restructuring team began a three-part look at the American Bankruptcy Institute’s Chapter 11 Reform Report. In part one we looked at issues related to confirmation, valuation, financing and asset...more
CFTC Commissioner Bowen Argues for User Fees During House Subcommittee Hearing; Commissioner Wetjen Calls for Bankruptcy Law Amendments to Permit Individual Segregation of Customer Funds -
Commodity Futures Trading...more
In a February 4, 2015 opinion, the bankruptcy judge presiding over Stockton, California's Chapter 9 municipal bankruptcy case approved Stockton's bankruptcy plan of adjustment.
In re City of Stockton, 2015 Bankr....more
As a reaction to the dramatic oil price volatility, many energy companies plan to streamline operations by reducing work force and shedding assets. Those who do so face tightening credit and decline in asset value that may...more
In the past two months a range of relevant legislation developments in the field of labour have occurred, including the approval of the Spanish Strategy of Employment Activation for 2014-2016. Furthermore, there have been...more
The United States District Court in Delaware recently issued a welcome decision for private equity firms whose portfolio companies run afoul of the Worker Adjustment and Retraining Notification Act (the “WARN Act”). In In re...more
Legislation recently introduced in the Senate would place many restrictions on the ability of a corporation navigating bankruptcy to change the compensation and benefits of employees and retirees. The bill would also create a...more
On October 1, a bankruptcy judge ruled that the pension agreement between Stockton, California and Calpers, California’s massive state-run pension fund for public employees, is an executory contract that can be rejected in...more
One of the most common and effective ways for a subcontractor to secure a payment claim is to file a lien. Assuming any applicable, pre-lien notice requirements are satisfied, an unpaid subcontractor can lien a private...more
Things seem to be going from bad to worse for defunct law firm Dewey & LeBoeuf. As criminal charges continue to loom for some former Dewey partners, the judge overseeing Dewey’s bankruptcy has now ruled that the firm cannot...more
On 18 December 2013, judgment of the High Court in England and Wales was handed down in a case relating to the insolvency of Lehman Brothers companies (In the Matters of Storm Funding Limited (In...more
On Tuesday, December 2, 2013, Judge Steven Rhodes of the Eastern District of Michigan ruled that the City of Detroit, which filed for Chapter 9 bankruptcy protection in the U.S. Bankruptcy Court on July 18, 2013, met the...more
In this issue:
- Detroit Gets a Fresh Start and Pension Debt is at Risk
- UK Supreme Court Finds Certain Pension Liabilities Are Not Entitled to Priority Treatment, in Nortel and Lehman Decisions
- Amount of...more
We are pleased to present the 33rd edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight news that will have an impact on business and litigation, including extra-territorial...more
In Sun Capital Partners III, LP v. New England Teamsters and Trucking Industry Pension Fund, the First Circuit Court of Appeals held that an investment fund managed by private equity firm Sun Capital Advisors, Inc. (“Sun...more
First Circuit holds that an investment fund may be responsible for controlled group pension liabilities of portfolio companies.
On July 24, the U.S. Court of Appeals for the First Circuit issued a significant decision...more
Under Title IV of the Employee Retirement Income Security Act (ERISA), withdrawal liability upon cessation of participation in a multiemployer pension plan and termination liability upon the involuntary or distressed...more
Business Bankruptcies Continue to Decline
by Joel R. Glucksman on August 13, 2013
Americans have been inundated as of late with news relating to several high-profile
business bankruptcies, suggesting that more...more
What you need to know:
The US Court of Appeals for the First Circuit has held that a private equity fund can be a “trade or business,” allowing the fund under certain circumstances to be liable under ERISA for the...more
A business experiencing financial difficulty will typically be forced to allocate its scarce resources toward payment of only some of its creditors. In that process, it is important to keep in mind that for some types of...more
On 24 July the UK's Supreme Court handed down a judgment which clarifies a question about where defined benefit pension liabilities rank on group insolvency. The Court overturned a number of previous decisions made by lower...more
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