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Results 1 to 5 of 28

A warning to directors and officers — failure to give proper WARN Act notice may breach your fiduciary duty

USA - October 9 2015 At first glance, Stanziale v. MILK072011, looks like someone suing over a bad expiration date and conjures up images of Ron Burgundy proclaiming…

Co-authors: Michael S. Arnold.

Potential shareholder liability arising from subsidiary WARN Act violations

USA - March 2 2015 When a company begins experiencing financial difficulty, shareholders often ask whether they may be liable under the Federal Worker Adjustment and…

Co-authors: Eric R. Blythe.

Trademark licensees may be protected in a licensor’s bankruptcy even after a “free and clear” sale

USA - December 19 2014 The Bankruptcy Code generally permits intellectual property licensees to continue using licensed property despite a licensor's bankruptcy filing…

Co-authors: Eric R. Blythe.

Business judgment rule protects board’s decision to maximize the value of an insolvent Delaware corporation even if it puts creditors at risk; but it does not protect transfers of value from the corporation to a controlling shareholder or related party

USA - October 31 2014 Directors of an insolvent corporation face a host of difficult questions. Should they wind up operations or file for bankruptcy to preserve assets…

Co-authors: A. W. "Chip" Phinney III.

Another Court rules that availability of make-whole premiums in bankruptcy depends on governing documents

USA - September 15 2014 In a recent bench decision in In re MPM Silicones, LLC et al., Case No. 14-22503-RDD (Bankr. S.D.N.Y. August 26, 2014), the Bankruptcy Court…

Co-authors: Eric R. Blythe.

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