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I Can’t Get No Satisfaction … 2nd Circuit Reverses, Remands Revlon Decision

A three-judge panel of the 2nd U.S Circuit Court of Appeals on Sept. 8, 2022, reversed a decision of the U.S. District Court for the Southern District of New York regarding lenders who refused to return funds that were...more

U.S. Supreme Court Declines Review Ending Shareholder Fraudulent Transfer Litigation in Tribune

After more than a decade, litigation resulting from the failed leveraged buyout (LBO) of media giant Tribune Company has finally drawn to a close. On Feb. 22, 2022, the U.S. Supreme Court declined to review the latest...more

Director Fiduciary Duties After In re Nine West LBO Securities Litigation

Much ado about … not much? While not a major paradigm shift in the fiduciary duty standard applicable to directors considering corporate change-of-control transactions, the decision in In re Nine West LBO Securities...more

SDNY Judge Rules Lenders Can Retain Mistakenly Paid Funds

In a decision issued Feb. 16, 2021, Judge Furman of the U.S. District Court for the Southern District of New York held that lenders who were mistakenly paid in full by Citibank (the “Agent”) could retain those funds because...more

2nd Circuit: Secured Lenders Entitled to Market-Rate Interest in Cram-Down Plan

In October 2017, the 2nd U.S. Circuit Court of Appeals, in In re MPM Silicones (Momentive) LLC, held that a non-consenting class of creditors is entitled to receive post-confirmation interest at a market rate if an efficient...more

Second Circuit Rules that Bankruptcy Safe Harbor Preempts State Law Fraudulent Transfer Rights

Today, the Second Circuit reissued the latest in a line of cases adopting an expansive reading of the safe harbor under Section 546(e) of the Bankruptcy Code. In re Tribune Co. Fraudulent Conveyance Litig., Case 13-3992, Doc....more

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