Auction

News & Analysis as of

Mum’s the Word: New York’s Highest Court Maintains Anonymity in Auction Sales

In late 2012, we reported on a New York Appellate Division order that sent shockwaves and fear of instability through the auction house world. Late last month, the New York Court Appeals issued its opinion in the case of...more

Recharging the Auction for Fisker’s Assets

When Fisker filed bankruptcy in November, it planned to sell its assets to Hybrid Tech, the acquirer of Fisker’s $168.5 million loan from the Department of Energy, by way of credit bid. Before the sale (requiring the approval...more

Auction Rigger Enters Guilty Plea

A thirty-seventh individual pleaded guilty to participating in a conspiracy to rig bids and commit mail fraud at public real estate foreclosure auctions in Northern California. The guilty plea, entered on Monday, November 4,...more

Bidding on State Land Trust Leases: Even the Top Revenue-Generating Bids Must be Balanced Against Qualitative “Best Use” Factors...

The Court of Appeals recently held that that the Commissioner of the State Land Trust Department properly balanced Wildearth Guardians, Inc.’s higher revenue-generating bid against “best use” qualitative factors set forth in...more

Carbon Repeal – Unveiled

Draft legislation, published on 15 October 2013, sets out the Coalition's plans to repeal the Clean Energy Act 2011 (Cth) and associated Acts (Carbon Acts) with effect from 30 June 2014. The impact being that liable entities'...more

Department of the Interior Conducts Second Offshore Wind Auction

On September 4, 2013, the Interior Department’s Bureau of Ocean Energy Management (“BOEM”) held its public auction of the first federal lease for an offshore wind energy site off the Mid-Atlantic coast....more

Dual Track Auctions for Distressed Companies – Interview with Rich Moche, Member, Mintz Levin  [Video]

Attorney Rich Moche, Chair of Mintz Levin's Public Finance Practice, talks about an innovative approach to maximizing the value of a distressed asset....more

Auction 96 - FCC Prepares for Upcoming H Block Spectrum Auction

The FCC – pursuant to a 2012 Congressional mandate – will be prepared to auction the recently-cleared H-block spectrum as early as January 14, 2014. The spectrum will be auctioned as 5 MHz pairs, with each license having a...more

Update on Electricity Market Reform: The Capacity Market

This is the last of a series of three short client alerts summarising recent developments in the UK government’s Electricity Market Reform (EMR) programme....more

"Central European Distribution Corporation’s Chapter 11 Plan Incorporates Dutch Auction"

On May 13, 2013, the U.S. Bankruptcy Court for the District of Delaware confirmed a prepackaged Chapter 11 plan of reorganization in the case of Central European Distribution Corporation (CEDC) that incorporated an unmodified...more

Capital Thinking Update - July 29, 2013

General Legislative - The Senate will convene today, Monday, July 29, at 2:00pm. After any Leader remarks, the Senate will be in morning business until 4:30 pm, with senators permitted to speak for up to 10 minutes each....more

BP Withdraws Wind Assets From Auction

In an unexpected about face, BP has canceled the auction of its interest in 16 North American wind farms, a 2,600 MW portfolio valued by some at $1.5 billion. BP’s intent to spin off its wind assets was first announced in...more

Trustee Could Void Sale Due To Mistake Discovered Before Delivery Of Deed

The California Supreme Court recently addressed the issue of whether a trustee may void a nonjudicial foreclosure sale of real property because the trustee discovered prior to the delivery of the deed to the highest bidder...more

Is the State Holding Your Association’s Money?

Like many other states, Connecticut has appointed itself as the official “lost and found” for all money abandoned within the state’s borders. We’re not talking about coins dropped on a sidewalk. Abandoned money can include...more

Energy And Environment Update -- June 10, 2013

In This Issue: Energy and Climate Debate; Congress; Administration; Department Of Agriculture; Department of Commerce; Department of Defense; Department Of Energy; Department Of Interior; Department Of Treasury;...more

Delaware Court Provides Critical Guidance as to the Commercial Reasonableness of a UCC Article 9 Foreclosure Sale

Secured lenders often resort to non-judicial foreclosure sales of personal property upon a borrower’s default. Article 9, Part 6 of the Uniform Commercial Code requires that every aspect of such a sale must be commercially...more

Is the Offshore Wind Market Really Ready to Fly? BOEM Announces First Lease Auction for July 31

On Tuesday, the Bureau of Ocean Energy Management announced that the first auction of leases of offshore wind areas will be held on July 31. Even though it now looks as though Cape Wind will eventually get to the finish...more

Highest Bidder Loses Spoliation Fight in Auction House Data Breach

A recent case out of the Northern District of Ohio is an unsung victory for proportionality in that the Court twice declined to sanction a plaintiff’s “failure” to forensically image computers where computer logs showing the...more

California Environmental Law and Policy Update - May 29, 2013

Environmental and Policy Focus - California's third cap and trade auction sells out, at record price: Clean Technica - May 24 The state’s third carbon allowance auction was held last week, and businesses snapped up all...more

Cap and Trade Auction Results Are In!

Every allowance that was offered in the auction was sold at a settlement price of $14.00 per allowance. The highest bid price was $50.01 with the mean bid price $16.67 and the median bid price $13.49. In total, the 2013...more

California Environmental Law and Policy Update - May 9, 2013

Environmental and Policy Focus - Gov. Brown joins move to rewrite California's Prop. 65 - The Sacramento Bee - May 7: Gov. Jerry Brown is throwing his weight behind a push to update Proposition 65, California's defense...more

Criminal Antitrust Update - April 2013

INDUSTRY SCORECARD - E-books: Macmillan has become the latest and final major e-book publisher to resolve price-fixing allegations by the DOJ Antitrust Division (the “Division”)...more

EU Rejects Suspension of Auctions of EU Allowances; California Air Resources Board Formally Approves Linkage with Quebec

On April 16, 2013 the members of the European Parliament voted 334-315 against the proposal of the European Union (EU) Commission to suspend future auctions of EU emission trading scheme (EU ETS) allowances until 2019 in...more

Using Recievers to Collect Judgments Against Intellectual Property Assets

I have been asked to be a receiver to help collect a judgment. The judgment debtor has intellectual property assets. Plaintiff’s counsel has asked me how hard it will be to get me appointed and if I would be able to sell the...more

California Environmental Law and Policy Update - April 11, 2013

Environmental and Policy Focus - ..Court rules CEQA streamlining provision unconstitutional: CourtHouse News - Apr 3 - A section of a California law aimed at streamlining construction projects by moving...more

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