News & Analysis as of

Breach of Contract › Stock Repurchases

Allen Matkins

Failure To Return Shares Subject To Repurchase Right Supports Conversion Claim

Allen Matkins on

Closely held issuers often include a repurchase right in their equity award agreements. I expect that in most cases, shareholders will comply with these provisions. When a shareholder doesn’t, the company’s most obvious...more

Orrick - Finance 20/20

Justice Friedman of the New York Supreme Court Dismisses Two FHFA Repurchase Actions

Orrick - Finance 20/20 on

On April 12, 2016, Justice Marcy Friedman of the New York Supreme Court granted motions to dismiss in two RMBS breach of contract actions filed by FHFA against Morgan Stanley ABS Capital I Inc. (“MSAC”) and Morgan Stanley...more

Dechert LLP

Claims Under Repurchase Transactions Do Not Qualify As Customers’ Claims in Broker-Dealers’ Liquidation

Dechert LLP on

Judge James M. Peck of the Bankruptcy Court for the Southern District of New York held, on June 25, 2013 (the “Lehman Op.”), that claims under repurchase transactions (“Repos”) do not qualify as customer claims and therefore...more

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