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Tucker Arensberg, P.C.

Third Circuit Affirms $96 Million Withdrawal Liability Award Against Renco

Tucker Arensberg, P.C. on

In a major win for the Steelworkers Pension Trust (SPT), the U.S. Court of Appeals for the Third Circuit upheld an award totaling $96 million in withdrawal liability and additional statutory penalties against the Renco Group,...more

Skadden, Arps, Slate, Meagher & Flom LLP

A Look at 2019 Court Decisions That May Shape Restructuring Issues in the Year Ahead

Skadden, Arps, Slate, Meagher & Flom LLP on

A series of decisions over the past year — on issues such as make-whole premiums, intercreditor agreements, backstops for rights offerings and nonconsensual third-party releases — will likely have a significant impact in 2020...more

BCLP

Buyer’s Purchase or Seller’s Privilege? Attorney-Client Communications in the Post-Sale Context

BCLP on

Litigators are familiar with the attorney-client privilege as the focus of many discovery disputes, but transactional lawyers increasingly recognize the privilege as an asset that may or may not be part of the bargain in a...more

Dechert LLP

Is Your Approved Break-Up Fee Safe?

Dechert LLP on

After Energy Future Holdings (EFH), maybe not so much. The size of the break-up fee approved by the bankruptcy court in EFH was undoubtedly large by any account – US$275 million. But it was approved following all necessary...more

Bennett Jones LLP

Federal Court of Appeal Quells Concern over Transactional Common Interest Privilege

Bennett Jones LLP on

A December 2016 a decision of the Federal Court caused chills for corporate lawyers across Canada when it held that common interest privilege does not apply in the transactional context where otherwise privileged material is...more

Morrison & Foerster LLP

New York Court of Appeals Rejects More General Application of Common-Interest Privilege in M&A Settings

Morrison & Foerster LLP on

New York’s highest court has rejected an attempt to expand the state’s common-interest doctrine, and reinstated the New York rule that the doctrine only applies in the context of actual or threatened litigation. Citing the...more

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