Read Business Organization updates, alerts, news, and legal analysis from leading lawyers and law firms:
License to travel: how regulation is benefiting business abroad
Common Employment Law Mistakes for Small, Start-Up and Growing Companies
Ted Hester on Congressional Investigations
Deloitte: Turnarounds and Democracy Don't Mix
Make Money Turning Home Brew into a Business
Zimmermann: Up to 20% of AmLaw 200 "Badly Weakened"
Survey: Law Firms Must Change, But Don't Know How
Sullivan & Cromwell's M&A Hotline is Ringing
Andrea Weckerle on CiviliNation
Going on the Offense: Proactive Strategies to Reduce Uncertainty
Eliot Frick on Smart Social Media Strategy
Safeguards against Data Security Breaches (Part One)
Safeguards against Data Security Breaches (Part Two)
Suzanne Folsom on Corporate Compliance Issues -
Suzanne Rich Folsom and Bart M. Schwartz on Corporate Compliance in 2011
Suzanne Folsom on Corporate Compliance Issues
Suzanne Folsom and Ted Wright of ACADEMI
ACADEMI's Suzanne Rich Folsom and PwC's Glenn Ware on Moral Hazard
Suzanne Folsom & Christopher Burnham on Private Sector Lessons
Joseph Levitt on the Food Safety Modernization Act
A California Superior Court has issued a decision with significant impact on financial services. In the case, Harley-Davidson, Inc. v. Franchise Tax Board, San Diego Superior Court Judge Joel Pressman held that...more
In Sun Capital Partners III, LP v. New England Teamsters and Trucking Industry Pension Fund, 2012 WL 5197117 (D. Mass. Oct. 18, 2012), a federal district court in Massachusetts concluded that a private equity fund was not a...more
In AMR Corporation, et al., Debtors, Case No. 12-3967, 2013 WL 1339123 (S.D.N.Y. April 3, 2013), the United States District Court for the Southern District of New York acknowledged that to be granted relief from the automatic...more
The debtors in Indianapolis Downs operated a combined horse racing track and casino in Indiana. They had substantial secured indebtedness: more than $98 million of first lien (first priority), $375 million...more
Originally published in the Connecticut Law Tribune on March 11, 2013.
It has become a reality of bankruptcy practice that most large or complex Chapter 11 cases are filed and administered in one of two so-called...more
Section 278 of the Delaware General Corporation in effect limits suits against dissolved corporations to a period of three years from dissolution. In contrast, Section 2010 of the California Corporations Code sets no time...more
In this opinion, the Court of Chancery denied a motion for judgment on the pleadings by certain asbestos claimants (the “Claimants”) seeking appointment of a receiver under 8 Del. C. § 279, holding that the dissolved...more
On December 28, the U.S. Court of Appeals for the Fourth Circuit affirmed a district court holding that a bankruptcy trustee lacked standing to sue former directors of an insolvent bank holding company for alleged...more
Originally published in the Ontario Bar Association's Class Action Law Section, Volume 3, No. 1 – December 2012.
The Companies' Creditors Arrangement Act ("CCAA") has long been lauded as a flexible tool that lends...more
In an important opinion released on November 27, 2012, Judge Shelley C. Chapman of the United States Bankruptcy Court for the Southern District of New York transferred the Patriot Coal Corporation (Patriot Coal) chapter 11...more
In This Issue:
- Announcing Our New Cross-Border Insolvency and Restructuring Practice, and New Singapore Office
- ‘Unfinished Business’ Doctrine in Law Firm Dissolutions is the Subject of Recent Opposing Decisions...more
Robinson v. SSW, Inc.
California Court of Appeal, First District
(September 21, 2012)
Douglas Robinson died from mesothelioma and his family filed a wrongful death action. SSW, Inc., a Nebraska corporation, sought...more
Stephens Media, LLC is the publisher of the Las Vegas Review-Journal. In 2009, Stephens Media filed a lawsuit in the U.S. District Court against Citihealth, L.L.C. alleging a variety of trademark related claims. Citihealth...more
In July 2009, the Mongols Nation Motorcycle Club, Inc. planned to hold its annual convention in Lancaster, California. Allegedly, the mayor was not pleased with the prospect of hosting a social and fraternal organization...more
We recently commented here on the standard for reviewing key employee incentive plans (KEIPs) and the approval of the KEIP in the Velo Holdings chapter 11 cases pending in the Southern District of New York. On July 24,...more
On June 13, 2012, Judge Harlin D. Hale of the United States Bankruptcy Court for the Northern District of Texas refused to enforce provisions of a Mexican plan of reorganization that purported to extinguish guarantees by the...more
The recent chapter 11 case of the storied New York law firm, Dewey & LeBoeuf LLP, will raise a host of issues attendant to the dissolution of a modern day “big law” firm partnership. Chief among these issues is likely to be...more
Originally published in Law360, New York (June 13, 2012, 12:29 PM ET)
A recent decision by a Philadelphia bankruptcy judge highlights the obstacles faced by an indenture trustee seeking to obtain, through a Chapter 11...more
The United States Bankruptcy Court for the District of New Jersey recently found that a debtor’s transfer of property owned by a corporation in which the debtor allegedly held a 50% interest did not automatically constitute a...more
In a decision with significant implications for borrowers and lenders, on May 15, 2012, the Eleventh Circuit Court of Appeals affirmed a bankruptcy court's findings that upstream guarantees and associated liens delivered by a...more
Originally published in New York Law Journal - Volume 247—NO. 85, Thursday, May 3, 2012.
On April 10, 2012, the U.S. Court of Appeals for the Second Circuit in In re Quigley issued an opinion adopting a narrow...more
The Commonwealth Court of Pennsylvania has rejected the efforts of the Pennsylvania Insurance Department (PID) to liquidate two long-term care insurance (LTCI) companies domiciled in Pennsylvania. The ruling in Consedine v....more
Originally Published in The Metropolitan Corporate Counsel, May 2012 - Volume 20, No. 5.
Claim estimation is another weapon in the arsenal of a debtor seeking to push its agenda or plan through the bankruptcy court....more
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
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
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