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Rogers Towers: Use of FDIC Special Powers: Knowledge by the FDIC or its Assignees is Irrelevant

In previous posts, we introduced the protections afforded the FDIC by the D’Oench Doctrine and 12 U.S.C. § 1823(e), which bar claims and defenses against the FDIC and its assignees by private parties based on improperly...more

Law Firm Bankruptcies Present Lessons for Distressed Businesses with Human Capital [Video]

By all accounts, Dewey & LeBoeuf financial distress and ensuing Chapter 11 bankruptcy was not handled well. After all, it’s hard to handle intense turmoil well—but it isn’t impossible. My guest today on LXBN TV recently...more

Dodd-Frank Living Wills: What You Need to Know Now

Financial institutions should undertake Dodd-Frank living will preparation with care....more

Loose Lips Sink Hostile Bids: Delaware Chancery Court Enforces Non-Disclosure Agreement with Injunctive Relief

In an eloquent account of consensual merger negotiations between Martin Marietta and Vulcan Materials, the two largest players in the domestic aggregates business, Chancellor Leo Strine of the Court of Chancery of Delaware...more

Next Battlefield in Dewey Liquidation: Pursuing Breach of Fiduciary Duty Claims

Dewey & LeBoeuf’s inglorious galactic implosion changes all of the rules; it was not too big to fail, it was, however, far too big and corroded to fail in the relatively orderly way others before it failed. The next...more

Could Dewey & LeBoeuf Have Been Saved From Crashing and Burning? Yes and Here's How:

Gosh, I could have had a V – 8. Trial lawyers often say that when they try a case, they always wind up trying three cases: The case they plan on trying, the case they actually try and the case they should have tried....more

American Airlines Merger Could Save Two Airlines

Will merger save two airlines that filed bankruptcy? Today there is even more evidence that bankruptcy is not the end of the world. As I previously noted, a Chapter 11 bankruptcy filing by American Airlines didn’t stop...more

VeraSun: Claims Under “Change in Control” Agreements Subject to Cap Governing “Employment Contracts”

In a recent decision in the VeraSun bankruptcy cases, the U.S. Bankruptcy Court for the District of Delaware held that “change in control” agreements between former executives and the debtors are “employment contracts” under...more

"Skadden's 2012 Insights"

Dear Clients and Friends: I am pleased to provide our fourth annual collection of commentaries on the critical legal issues our clients may face in the year ahead. Many of these issues relate to the responses by...more

"Skadden's 2012 Insights, January 2012: Corporate Restructuring"

We predict that out-of-court, prepackaged and prearranged restructuring strategies will continue to be favored in 2012. Sophisticated stakeholders and financially distressed companies prefer to avoid in-court proceedings and...more

Ten Things Asset-Based Lenders Should Know About Machinery & Equipment Auction Sales

Asset-based lenders, equity investors, turnaround managers, bankruptcy trustees and other professionals look to liquidation companies like LiquiTec for maximum recovery in asset disposition. The key factors to a successful...more

In re Waste2Energy Holdings, Inc.

Voluntary Chapter 11 Bankruptcy Petition

For other documents from this bankruptcy case, please visit: http://www.chapter11cases.com/Waste2Energy-Holdings-Inc_c_27709.html For more information about major bankruptcy cases, please visit our...more

China’s NDRC Adopts New Measures to Further Regulate Equity Investment Enterprises in Pilot Regions

On January 31, 2011, China’s National Development and Reform Commission (NDRC) issued a “Notice on Further Regulating the Development and Record-Filing Administration of Equity Investment Enterprises in Pilot Regions” (the...more

German Banking Restructuring Law - Newspaper Article

This is a short German language article which has been published in the German daily "Börsenzeitung" on 5 January 2011 on the new German act on the restructuring of failing financial institutions. It constitutes a...more

Presentation on the new German banking restructuring act

This is a German law presentation on the new German law on the restructuring of failing banks. It provides a brief outline of the major elements of the new legislation which has become effective on 1 January 2011....more

Can Second Lien Lenders Be Heard In Connection With A 363 Sale? The Answer In Boston Generating Is A Resounding Yes.

Years ago, second lien lenders adhered to the truism about children – they were seen but not heard. As our children have grown more vocal in recent years, so too have second lien lenders. A spate of recent bankruptcy cases...more

Trends in Legal Terms in Venture Financings in Israel - (2009 Annual Survey)

We have analyzed the terms of venture financings for Israeli and Israeli-related technology companies that reported raising money in 2009. Our survey does not include financing rounds of less than US $500,000. The tables...more

Third Circuit Holds Section 1129(b)(2)(A) of the Bankruptcy Code Does Not Provide Secured Lenders With a Legal Entitlement to...

Does a secured creditor have an absolute right to acquire its collateral, which is sold pursuant to a plan of reorganization, by credit bidding its debt? The Third Circuit Court of Appeals, in a strict constructionist...more

Insolvenzrecht - Neues Gesetz bezüglich der Fortführung von Unternehmen in Zahlungsschwierigkeiten.pdf

Mit dem neuen Gesetz vom 31. Januar 2009 über die Kontinuität von Unternehmen soll Unternehmen, die sich in Zahlungsschwierigkeiten befinden, die Möglichkeit gegeben werden, ihre Zahlungsprobleme zu überwinden. Bisher...more

How Investment Banks Can Enhance the Likelihood Their Fees Will be Paid in Full For Turnaround/Restructuring Services

This article provides investment banks and other professionals with an overview of (1) how to reduce the likelihood that a bankruptcy judge or trustee will deny or reduce the investment bank/professional's fees, and (2) how...more

CONTEMPORARY FINANCIAL STATEMENT ANALYSIS GUIDELINES, AN UPDATE

CONTEMPORARY FINANCIAL STATEMENT ANALYSIS GUIDELINES, AN UPDATE In light of the 2008 financial crises, widely reported criminal investment schemes, and the continuing (as of this writing, September 9, 2010) international...more