Weathering the storm: Seventh Circuit expands application of federal standard for successor liability to FLSA *

USA - April 11 2013
On March 26, 2013, in the case of Teed v. Thomas & Betts Power Solutions, L.L.C., the Seventh Circuit, in an opinion written by Judge Posner, joined…

Co-authors: Yonit Caplow, Lenard Parkins, John D. Beck.

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Weathering the storm: Fifth Circuit permits artificial impairment of unsecured trade creditors to cram down plan acceptance on secured lender *

USA - March 7 2013
Bankruptcy Code § 1129(a)(10) provides that in order for a plan proponent to "cram down" - i.e., force acceptance of - a plan of reorganization…

Co-authors: Yonit Caplow, Stephen Pezanosky, John D. Beck.

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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: Robin Phelan, Mark X. Mullin, Stephen Pezanosky, Kenric Kattner, Stephen Manz .

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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: Robin Phelan, John Middleton .

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The fallout from Cherryland—will the non-recourse carve-out guaranty ever be the same again? *

USA - June 20 2012
The issue is whether the insolvency of a borrower under a non-recourse loan can trigger recourse liability for itself and its “bad boy,” non-recourse carve-out guarantors.

Co-authors: Lawrence Mittman.

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