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Attorney	Latest Publications
Raymond Banoun	SEC Issues Guidance on Conflict Minerals Rule On May 30, 2013, the Securities and Exchange Commission issued guidance related to the requirement that issuers disclose the use of conflict minerals in their products, as mandated by the 2010 Dodd-Frank Wall Street Reform and…more Compliance, Conflict Mineral Rules, Dodd-Frank, Failure-to-File, Reporting Requirements	See All Updates »
Bradley Bondi	SEC Issues Guidance on Conflict Minerals Rule On May 30, 2013, the Securities and Exchange Commission issued guidance related to the requirement that issuers disclose the use of conflict minerals in their products, as mandated by the 2010 Dodd-Frank Wall Street Reform and…more Compliance, Conflict Mineral Rules, Dodd-Frank, Failure-to-File, Reporting Requirements	See All Updates »
Peter Clark	Southern District of New York Orders Chevron CEO and General Counsel to Testify in RICO Suit Related to $18 Billion Ecuadorian Judgment On May 14, 2013, Judge Lewis A. Kaplan of the Southern District of New York affirmed a magistrate judge's decision denying plaintiff Chevron Corporation's ("Chevron's") motion to quash deposition notices for Chevron CEO John…more Attorney-Client Privilege, CEOs, Chevron, Depositions, General Counsel	See All Updates »
Emily Cohen	SDNY Denies Payment of Administrative Expense Claim by Relying on the Operative Document as a Whole and Rejecting a Statutory Rule of Construction On December 13, 2012, Judge Vincent L. Briccetti from the United States District Court of the Southern District of New York denied the appellant Notes Trustee’s request to compel payment of an administrative expense claim…more Administrative Expenses, Chapter 11, Commercial Bankruptcy, Last Antecedent Rule, Operative Documents	See All Updates »
Thomas Curtin	UPDATE: Court Rejects CalPERS’ Efforts to Lift Stay In San Bernardino Case In a ruling predicted by the Restructuring Review Blog last month, Judge Meredith A. Jury of the U.S. Bankruptcy Court for the Central District of California rejected arguments by CalPERS that the Bankruptcy Court should lift…more Automatic Stay, CalPERS, Chapter 9, Debtor-Creditor, Pensions	See All Updates »
Douglas Fischer	A Brief Primer for Corporate Social Media Disclosures in Light of the SEC’s Recent Guidance on Regulation FD The Securities and Exchange Commission ("Commission" or "SEC") recently stepped into the social media age with its April 2, 2013 Report of Investigation pursuant to 21(a) of the Securities Exchange Act of 1934 concerning a…more Facebook, Investors, Netflix, Public Disclosure, Reed Hastings	See All Updates »
David E. Kronenberg	Vitro Update: “Savings Clause” Fails to Save Vitro Subsidiaries From Involuntary Bankruptcy Shortly after the U.S. Court of Appeals for the Fifth Circuit refused to enforce Vitro SAB’s Mexican plan of reorganization in the United States (covered here), Judge Harlin D. Hale of the U.S. Bankruptcy Court for the Northern…more Bonds, Chapter 11, Commercial Bankruptcy, Insolvency, Savings Clause	See All Updates »
Michele Maman	In re Hostess Brands, Inc.: Southern District of New York Bankruptcy Court Refuses to Send Cash Collateral Dispute to Arbitration On January 7, 2013, the Judge Robert D. Drain of the United States Bankruptcy Court for the Southern District of New York held that a dispute concerning the debtors’ use of cash collateral was not subject to arbitration,…more ACE American Insurance Company, Arbitration, Collateral, Commercial Bankruptcy, Debtor-Creditor	See All Updates »
Sharon J. Richardson	Stern v. Marshall Update – Ninth Circuit Holds That Bankruptcy Courts Lack Constitutional Authority To Finally Determine Fraudulent Transfer Claims Against Non-Claimants On December 4, 2012, the United States Court of Appeals for the Ninth Circuit added to the growing body of case law delineating the extent of bankruptcy courts’ jurisdiction in the wake the Supreme Court’s decision in Stern v…more Article III, Chapter 7, Fraudulent Transfers, Jurisdiction, Split of Authority	See All Updates »
Casey Servais	Vitro Update: “Savings Clause” Fails to Save Vitro Subsidiaries From Involuntary Bankruptcy Shortly after the U.S. Court of Appeals for the Fifth Circuit refused to enforce Vitro SAB’s Mexican plan of reorganization in the United States (covered here), Judge Harlin D. Hale of the U.S. Bankruptcy Court for the Northern…more Bonds, Chapter 11, Commercial Bankruptcy, Insolvency, Savings Clause	See All Updates »
Brett Sisto	A Brief Primer for Corporate Social Media Disclosures in Light of the SEC’s Recent Guidance on Regulation FD The Securities and Exchange Commission ("Commission" or "SEC") recently stepped into the social media age with its April 2, 2013 Report of Investigation pursuant to 21(a) of the Securities Exchange Act of 1934 concerning a…more Facebook, Investors, Netflix, Public Disclosure, Reed Hastings	See All Updates »
Louis M. Solomon	Norex Decision, Long in Federal Court, Now Dismissed By State Court Using Borrowing Statute To Shorten Applicable Limitations Period We have posted on the meanderings of the Norex case in federal court... After dismissal from federal court, Norex sued in state court. Norex Petroleum Ltd. v. Leonard Blavatnik, et al., Index No. 650591/11 (Sup. Ct. N.Y…more	See All Updates »
Michael Stevens	In re Hostess Brands, Inc.: Southern District of New York Bankruptcy Court Refuses to Send Cash Collateral Dispute to Arbitration On January 7, 2013, the Judge Robert D. Drain of the United States Bankruptcy Court for the Southern District of New York held that a dispute concerning the debtors’ use of cash collateral was not subject to arbitration,…more ACE American Insurance Company, Arbitration, Collateral, Commercial Bankruptcy, Debtor-Creditor	See All Updates »
Jeffrey H. Taub	Court Denies Pinnacle Airlines’ Motion to Reject Collective Bargaining Agreement: Outlines Potential Resolution Following the pattern recently established by other S.D.N.Y. bankruptcy judges in Hostess and American Airlines, Judge Robert Gerber denied Pinnacle Airlines’ motion to reject its collective bargaining agreement with the Air…more American Airlines, Collective Bargaining, Hostess, Pinnacle Airlines, Unions	See All Updates »
Christopher Tierney	A Brief Primer for Corporate Social Media Disclosures in Light of the SEC’s Recent Guidance on Regulation FD The Securities and Exchange Commission ("Commission" or "SEC") recently stepped into the social media age with its April 2, 2013 Report of Investigation pursuant to 21(a) of the Securities Exchange Act of 1934 concerning a…more Facebook, Investors, Netflix, Public Disclosure, Reed Hastings	See All Updates »
James Treanor	Supreme Court Rejects SEC's Position Concerning Statute of Limitations in Securities Fraud Actions On February 27, 2013, the Supreme Court of the United States issued its decision in Gabelli v. SEC, holding that, in an action by the government for civil penalties, the five-year statute of limitations provided by 28 U.S.C. §…more Discovery Rule, Fraud, Gabelli v SEC, Investment Advisers Act of 1940, SCOTUS	See All Updates »
Karen Woody	SEC Issues Guidance on Conflict Minerals Rule On May 30, 2013, the Securities and Exchange Commission issued guidance related to the requirement that issuers disclose the use of conflict minerals in their products, as mandated by the 2010 Dodd-Frank Wall Street Reform and…more Compliance, Conflict Mineral Rules, Dodd-Frank, Failure-to-File, Reporting Requirements	See All Updates »

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