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Holland & Hart LLP

How A Union Fight Played A Key Role In Yellow's Bankruptcy

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Trucking giant Yellow Corp. skuttled operations and filed for bankruptcy protection in the U.S. Bankruptcy Court for the District of Delaware on Aug. 6, a mere three years after receiving $700 million in pandemic-era relief...more

Jones Day

Liquidating Chapter 11 Plan Confirmed Despite Provision Temporarily Enjoining Litigation Against Corporate Debtors

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To prevent "trafficking in corporate shells," the Bankruptcy Code prohibits any discharge of corporate or partnership debts if the debtor is not an "individual" and, in a chapter 11 case, if the debtor proposes a liquidating...more

Latham & Watkins LLP

Hong Kong Court Confirms Enforceability of Keepwell Deeds

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Two recent landmark decisions provide valuable guidance on this commonly used form of credit enhancement. Keepwell deeds have in recent years grown into a common form of credit enhancement used by companies in mainland...more

Woodruff Sawyer

SPAC Litigation Mid-Year Update: Delaware Opens the Gates

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With SPAC IPOs virtually gone but SPAC mergers (aka de-SPACs) continuing at a steady pace since the beginning of the year, the questions around getting a deal done boil down to the following: How and where can companies get...more

King & Spalding

Wyoming Supreme Court Rejects “Negligent Lending” and “Negligent Advising” as Causes of Action

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On January 19, 2023, the Wyoming Supreme Court declined to recognize causes of action for negligent lending or negligent advising and declined to impose a duty on lenders to render sound advice to borrowers. The case stems...more

SECIL Law

Buyer Beware: The Tech Startup Employee Stock Scheme

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Startup company employees, many in the tech world, need to be aware of a model that financiers and insiders of (typically Delaware) business corporations use to misappropriate contributions employees have made, in the form of...more

Barnea Jaffa Lande & Co.

2022: A Turbulent Year for the Cryptocurrency Sector

2022 was a turbulent year for the cryptocurrency sector, with one of the worst bear markets ever recorded and the collapse of several major cryptocurrency platforms. The breaking of Terra’s UST stablecoin peg caused a domino...more

DarrowEverett LLP

Does Involvement in the Cannabis Industry Preclude Your Business From Bankruptcy Protection?

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Despite the growing public acceptance of marijuana and the fact that a majority of states have legalized marijuana for medicinal purposes (37 states and the District of Columbia have enacted medical marijuana legislation),...more

Sheppard Mullin Richter & Hampton LLP

Hong Kong Stock Exchange Announced New Listing Regime for SPAC

On December 17, 2021, the Stock Exchange of Hong Kong Limited (the Exchange) announced new listing regime for special purpose acquisition companies (SPAC).  These new rules will take effect on January 1, 2022.  This...more

Patterson Belknap Webb & Tyler LLP

Cryptic Crypto: Creditors Move for Ch. 7 for Alleged Madoff-Like Fraud

On Wednesday, November 18, two customers of Cred Inc., a cryptocurrency investment platform currently in Chapter 11, asked Delaware Bankruptcy Judge John T. Dorsey to convert the Chapter 11 case to a Chapter 7 liquidation...more

Farella Braun + Martel LLP

Privacy During Bankruptcy Proceedings: Why It Matters

During these particularly trying times resulting from the COVID-19 pandemic, businesses of all sizes have been concerned about the future. As a result, considering potential liquidation or restructuring through bankruptcy is...more

King & Spalding

NMC Health PLC’s Subsidiaries Enter Groundbreaking Administration Under the Jurisdiction of the ADGM Courts

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NMC Health plc (NMC Health) made news around the globe in December 2019 when it was the subject of a Muddy Waters report which alleged various bad acts had been carried out by the company. NMC Health was subsequently placed...more

Morgan Lewis

Japan Insight: Japan’s Tech Innovation in Automotive and Mobility: What Investors and Startups Should Know

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Led in part by Japan, the third largest auto-producing nation in the world, the automotive and mobility technology space continues to grow at speeds as fast as the fastest new automotive innovations. Startups are playing a...more

Jones Day

Third Circuit Rules That WARN Act's "Unforeseeable Business Circumstances" Exception Requires That Layoffs Be Probable, Not...

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In Varela v. AE Liquidation, Inc. (In re AE Liquidation, Inc.), 866 F.3d 515 (3d Cir. 2017), the U.S. Court of Appeals for the Third Circuit became the sixth circuit court of appeals to rule that a "probability standard"...more

WilmerHale

Restructuring Liquidation Preferences

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Job candidates may choose to work for a startup to help build something new, to work in an environment that fosters and rewards creativity, or to get the thrill of climbing aboard a “rocket ship.” New employees rarely, if...more

McCarter & English, LLP

Anatomy of a Term Sheet: Series A Financing

A key milestone in the lifecycle of many successful companies (and, admittedly, many unsuccessful companies) is obtaining financing from angel or venture capital investors, but in negotiating with experienced investors...more

Epstein Becker & Green

The Impact of Health Insurance Co-Op Liquidations on Providers

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A growing number of health insurance co-ops or “consumer operated and oriented plans” created under the Affordable Care Act (“ACA”) are shutting down on their own initiative or on orders of state regulators because of their...more

K&L Gates LLP

Supreme Court’s Denial of Cert Preserves Safe Harbor for Madoff Victims

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Yesterday, the Supreme Court denied two petitions for certiorari filed by Irving H. Picard—the Trustee for the estate of Bernard L. Madoff Investment Securities (“Madoff Securities”)—and the Securities Investor Protection...more

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