A Third Party's Perspective on Third Party Risk
The EU Corporate Sustainability Due Diligence Directive
Regulatory Phishing Podcast - The Impact of Cybersecurity Compliance on Corporate Transactions
5 Key Takeaways | Risks Facing Banks Today
Anonymization and AI: Critical Technologies for Moving eDiscovery Data Across Borders
Commercial Financing Regulatory Developments - The Consumer Finance Podcast
PODCAST: Williams Mullen's Trending Now: An IP Podcast - Paralegal Insights: A Collaborative Trademark Practice
The S in ESG - What is it and how can it create value?
Hidden Traffic Podcast - More About the Uyghur Forced Labor Prevention Act with Virginia Newman
FCA Implications for M&A Transactions
PFAS: Increasing Regulations and Managing Legal Liability
[Webinar] Cannabis Real Estate 101: A Primer for Social Equity Applicants & Entrepreneurs
Quality Of Earnings: Making The Most Of M&A Transactions
FCPA Compliance Report - Karen Woody on JPMorgan and Nikola SEC Enforcement Actions
Kasey Ingram and Rocco Debitetto on Bankruptcy and Compliance
FCPA Compliance Report - John Katsos - Due Diligence in Conflict Zones
Krista Muszak and Louis Perold on M&A Due Diligence in Emerging Markets
FCPA Compliance Report - Brandon Daniels - Ongoing v. Point in Time Due Diligence
German Supply Chain Due Diligence Act and Its Impact on Latin America
Katie Steiner on Compliance & Corporate Art Collections
Assignments for the benefit of creditors, or ABCs, continue to grow in popularity as a tool for the orderly wind-down of companies. Originally published in Law360 - March 21, 2024....more
In finance, navigating the terrain of distressed debt requires a keen understanding of its opportunities and risks. For financial institutions, investors, and legal advisors alike, delving into distressed debt can be both...more
The treatment of commercial lease liabilities in chapter 11 cases is a frequent point of contention in commercial bankruptcy proceedings. Landlords and tenants often clash over when (and how much) rent is due when filing for...more
A bankruptcy trustee's ability to avoid and recover pre-bankruptcy preferential transfers is essential to preserving or augmenting the estate for the benefit of all stakeholders. In 2019, however, the Bankruptcy Code was...more
The Bankruptcy Code and its predecessor statutes have long permitted bankruptcy trustees (or their equivalents) to claw back preferences, which involve transfers made on preexisting debts within 90 days (or 1 year, if made to...more
Disruption in the automotive industry seems a near-constant force these days. The automotive supply chain continues to suffer hangover challenges from the pandemic (including raw materials shortages and increased labor...more
The crypto winter is starting to look more like a crypto ice age. In addition to hundreds of billions of dollars in lost market value, the crypto industry has seen major industry players seek protection in bankruptcy court,...more
Covered Activities - 1.1.a Order granting counterclaim declaring validity of mortgage on the debtor’s property does not violate the stay. The debtor acquired property subject to a disputed mortgage. The debtor brought a...more
There’s no guarantee that any company won’t end up in Chapter 11 or won’t acquire another company going through it. What does that mean for the compliance program? As Kasey Ingram, General Counsel & Chief Compliance...more
There’s no guarantee that any company won’t end up in Chapter 11 or won’t acquire another company going through it. When either happens, there are serious implications for the compliance team. As Kasey Ingram, General...more
Six months after the onset of the coronavirus pandemic, many merger and acquisition transactions remain delayed or sidelined. As companies report their Q2 financial results, investors are also focused on opportunities to...more
It is bad enough when a customer or borrower files for bankruptcy and you have to write off the debt, but things can get worse when you are then faced with a lawsuit to recover payments made within the 90 days prior to the...more
The “Small Business Reorganization Act of 2019” (SBRA) signed into law on August 23, 2019 contains two amendments to Chapter 11 preference laws, which are NOT limited to small business reorganizations. ...more
On August 23, 2019, President Trump signed into law the “Small Business Reorganization Act of 2019.” The primary effect of the “SBRA” is the creation of a subchapter to Chapter 11 for small business debtors, i.e. those with...more
On August 23, 2019, the President of the United States of America signed three new bankruptcy amendments into law. The first bill, H.R. 3311, ratifies The Small Business Reorganization Act of 2019, creating a new option for...more
Congress approved, and earlier this month the President signed, the Small Business Reorganization Act of 2019 which streamlines existing rules governing the efforts of small businesses to restructure successfully under...more
The Bankruptcy Code contains an array of provisions designed to encourage lenders to provide debtor-in-possession ("DIP") financing in chapter 11 cases, including authorization of "superpriority" administrative expense claims...more
Two recent cases serve as reminders the devil is truly in the details. As to the front-end risks associated with an early § 363(f) sale, in In re Motors Liquidation Company (the “GM” case) we have seen a $10 billion reminder...more
In this exciting age of startups, the market is brimming with opportunities for individuals and entities alike to invest in emerging companies. Today’s rapid rate of technology development justifies investors’ eagerness to...more
The Seventh Circuit Court of Appeals recently held that a lender is obligated to conduct a diligent investigation when it becomes aware of suspicious facts relating to the legitimacy of a loan transaction. In Sentinel...more
Last week’s decision by the U. S. Court of Appeals for the Third Circuit in In re: Forever Green Athletic Fields, Inc., No. 14-3906 (3d Cir. Oct. 16, 2015) held that an involuntary bankruptcy petition filed under 11 U.S.C. §...more
In a decision of significance to the distressed claims trading community, the US Court of Appeals for the Third Circuit in In re KB Toys Inc. recently held that any risk or “cloud” of disallowance under the Bankruptcy Code...more
In a recent decision by the influential Third Circuit Court of Appeals, In re KB Toys Inc., 2013 U.S. App. LEXIS 23083 at *17 (3d Cir. Nov. 15, 2013), the Court decided that “the cloud on the claim” stemming from a...more