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Kramer Levin Naftalis & Frankel LLP


DSP 2 : la nouvelle loi fondamentale du droit des services de paiement

European Union - January 4 2016 DSP 2 , en effet, dans la mesure où ce texte abroge une première DSP (Dir. 200764CE, 13 nov. 2007), sur le fondement de laquelle s’est édifié le

Failure to Cooperate With Internal Investigation - in the Face of Potential Criminal Charges - Constitutes Cause for Termination

USA - September 1 2016 When government investigators come knocking, employers expect that their employees will cooperate with any ensuing internal investigation. But an

The perils of Facebook: social media and Fourth Amendment privacy expectations

USA - August 29 2012 Social media continues to present the courts with an array of legal questions, including discoverability, authentication, and privacy protections

Non-compete agreements: lessons learned in the wake of IBM v. Visentin

USA - July 2 2012 Whether seeking to enforce non-competition agreements or to defeat them, all employers have much to learn from IBM v. Visentin, 2011 WL 672025 (S.D.N.Y. Feb. 16, 2011), aff’d, 437 Fed. Appx. 53 (2d Cir. 2011

Ambiguity Continues as SCOTUS Declines to Review Madden v. Midland Ruling

USA - September 1 2016 On June 27, 2016, the Supreme Court of the United States denied the petition for certiorari in Madden v. Midland Funding ("Madden"), a case closely

Proposed Brokaw Act Would Affect Change-of-Control Triggers in Indentures

USA - September 21 2016 Change-of-control provisions in high-yield indentures typically define beneficial ownership by reference to Rule 13d-3, promulgated under Section

Proposed Regulations Under Section 2704

USA - September 19 2016 On August 2, the United States Treasury Department issued proposed regulations under Section 2704 of the Internal Revenue Code of 1986, as amended

Lyondell Decision Opens Door to Actual Fraudulent Conveyance Claims by Lenders in LBOs

USA - September 19 2016 A recent decision from the Southern District of New York may reopen a door which many had believed was all but closed for disgruntled

You Can’t Have Your Cake and Eat It Too: Noteholders Who Convert Prior to Maturity Don’t Get the Final Interest Payment

USA - September 19 2016 In Orchid Hill Master Fund Ltd. v. SBA Communications Corp. (2d Cir. July 2016), the Court of Appeals for the Second Circuit held that convertible

A Look at Section 314(d)(1) of the TIA: Protections for Bondholders When Releasing Collateral

USA - September 19 2016 Holders of publicly issued debt securities are afforded a variety of protections under the Trust Indenture Act of 1939 (the "TIA"). Among these are