SDNY Bankruptcy Court Interprets Section 546(e)’s Safe Harbors in Lehman-JPMorgan Dispute by Cadwalader, Wickersham & Taft LLP on 5/4/2012 On April 19, 2012, the U.S. Bankruptcy Court for the Southern District of New York granted in part and denied in part JPMorgan Chase, N.A.’s motion to dismiss an adversary complaint filed by Lehman Brothers Holdings Inc....more
Community Banking Excellence - April 2012 by Spilman Thomas & Battle, PLLC on 4/11/2012 In This Issue: - Interview with a Community Banking Professional: Mark Williamson, President of High Point Bank - Creditors' Rights: Top 10 Bankruptcy Truths Bankers Should Know by Rayford K. (Trip) Adams III...more
Corporate and Financial Weekly Digest - March 23, 2012 by Katten Muchin Rosenman LLP on 3/26/2012 In this issue; - Senate Passes Revised Version of JOBS Bill - SEC Staff Issues Risk Alert on Municipal Securities Underwriting Practices - ISDA Dodd-Frank Documentation Project - CFTC Issues No-Action...more
Commercial Restructuring & Bankruptcy Alert - March 2012 by Reed Smith on 3/13/2012 In this issue: - Foreclosures in New Jersey - Substantive Rights' Not Assignable, Intercreditor Voting Rights Assignment Nullified - Offshore Bankruptcy-Remote Entity is Not Bankruptcy-Proof; Trust...more
Lehman client money judgment – impact on MF Global clients by Reed Smith on 3/9/2012 On 29 February 2012 the Supreme Court of England and Wales dismissed the appeal by GLG Investments and ruled that clients whose money had not been properly ring-fenced when Lehman Brothers International (Europe) (“LBIE”) went...more
Rochelle: MF Global Losses Show Hole in Regulatory System [Video] by Bloomberg Law on 3/8/2012 March 8 (Bloomberg Law) -- Bloomberg Law's Lee Pacchia talks with Bloomberg News bankruptcy columnist and editor-at-large Bill Rochelle about the week's bankruptcy news and legal developments including MF Global Inc....more
UK Supreme Court Lehman Client Money Decision by Katten Muchin Rosenman LLP on 3/8/2012 On February 29, the UK Supreme Court handed down its decision upholding, in part unanimously and in part by a 3-2 majority, the Court of Appeal’s November 2010 decision in the LBIE client money case - Re Lehman Brothers...more
Inside M&A - January/February 2012 by McDermott Will & Emery on 3/5/2012 In This Issue: SEC Sues Private Company and its CEO for Fraud Related to Buyback Program Involving Employee Stock Bonus Plan The Fiducie in Restructuring and Acquisition Transactions in...more
Enactment of HMRC’s Extra-Statutory Concession C16 by McDermott Will & Emery on 2/13/2012 HM Revenue & Customs (HMRC) has limited discretion to make concessions in relation to statutory tax provisions. Following a recent judicial decision suggesting that this discretion was more limited than had been...more
Social Security Benefits in a Bankruptcy by Dan Dodds on 2/11/2012 Social Security Benefits are often a lifeline for elderly Americans. It is common for them to be wary of filing for bankruptcy protection because they fear losing these benefits. Bankruptcy cannot take away an individual’s...more
“It Ain’t Over Till It’s Over”: United States District Court for the Southern District of New York Denies Madoff Trustee’s Bid for... by Cadwalader, Wickersham & Taft LLP on 2/6/2012 Quoting the great sage Yogi Berra, on January 17, 2012, Judge Jed S. Rakoff of the United States District Court for the Southern District of New York denied the motion of Irving H. Picard, the SIPA trustee for Bernard L....more
Recent Seventh and Ninth Circuit Cases Affect Federal Equity Receiverships by Allen Matkins Leck Gamble Mallory & Natsis... on 2/6/2012 The Securities and Exchange Commission, Federal Trade Commission, and Commodities Futures Trading Commission often seek appointment of receivers in civil enforcement actions, including in actions alleging operation of...more
CFTC Adopts Customer Property Segregation and Other Swap Regulations; Proposes Volcker Rule by Dechert LLP on 2/2/2012 The Commodity Futures Trading Commission (CFTC) on January 11, 2011 finalized three important rules and proposed one additional rule as required by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010...more
CFTC Final Rule on Protection of Cleared Swaps Customer Contracts and Collateral by Orrick, Herrington & Sutcliffe LLP on 1/11/2012 On January 11, pursuant to Section 724(a) of the Dodd-Frank Act, the CFTC adopted a final rule regarding the protection of cleared swaps and collateral belonging to cleared swaps customers of futures commission merchants...more
MF Global Initial Meeting of Clients and Creditors – 9 January 2012 at 11 a.m. by Reed Smith on 1/10/2012 The initial meeting of client and creditors of MF Global UK Limited ("MFG UK") took place yesterday, 9 January 2012, at 11 a.m. The meeting was chaired by Richard Heis (the "Chairman"), one of the joint special administrators...more