No safe harbor for you because distributing the proceeds of a sale of securities isn't "in connection with" a securities contract according to Grede v. FCStone *

USA - January 24 2013
On January 4, 2013, the United States District Court for the Northern District of Illinois, Eastern Division (the "District Court") issued a…

Co-authors: Mark X. Mullin, Stephen Pezanosky, Trevor Hoffmann, Kenric Kattner, Stephen Manz .

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Weathering the storm: Vitro’s Concurso plan is theoretically enforceable in the United States . . . but not this time . . . under these circumstances *

USA - November 28 2012
On November 28, 2012, the United States Court of Appeals for the Fifth Circuit published an opinion affirming the bankruptcy court’s ruling that the Mexican Plan of Reorganization (the “Concurso Plan”) of the Mexican glass-manufacturing company, Vitro, S.A.B.

Co-authors: Jordan Bailey , Scott Everett, Judith Elkin.

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Weathering the storm: they said what they meant: 5th Circuit declines invitation to add requirements to safe harbor for forward contracts *

USA - August 14 2012
The Bankruptcy Code provides a number of “safe harbors” for forward contracts and other derivatives.

Co-authors: John Middleton , Trevor Hoffmann.

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An update on the manifestly contrary to public policy exception *

USA - July 23 2012
Chapter 15 is based on the Model Law on Cross Border Insolvency, which had been prepared by the United Nations Commission on International Trade Law, with significant input from insolvency practitioners all over the world.

Co-authors: Jordan Bailey .

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Weathering the storm: sunbeam Sheds new light on the rights of trademark licensees *

USA - July 16 2012
On July 9, 2012, the Seventh Circuit decided in Sunbeam that the rejection of a trademark license by a bankrupt trademark licensor does not deprive the trademark licensee of its right to continue to use the trademark, and disagreed with the 1985 Fourth Circuit decision in Lubrizol that held to the contrary.

Co-authors: Jennifer Lantz.

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