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Kramer Levin Naftalis & Frankel LLP


Time to Think About the H-1B Cap Season and

USA - October 11 2016 Time to Think About the H-1B Cap Season and Your Employment Needs On April 1, 2017, U.S. Citizenship and Immigration Services (USCIS) will begin

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

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

ISDA Releases Self-disclosure Letter in Connection With Global Uncleared Swap Margin Rules

Global, USA - August 1 2016 The Regulatory Margin Self-Disclosure Letter, published on June 30, by the International Swaps and Derivatives Association Inc. (ISDA) (the Letter

Does the duty to preserve extend to non-parties?

USA - November 30 2008 The landmark case Zubulake v. UBSWarburg, 220 F.R.D. 212 (S.D.N.Y. 2003), articulated both the procedures that parties to a litigation must follow to preserve electronically stored information (“ESI”) when litigation is reasonably anticipated and the consequences of failing to do so

SEC Proposes to Shorten Settlement Cycle to T 2

USA - October 27 2016 On Sept. 28, 2016, the Securities and Exchange Commission (the "SEC") proposed an amendment to Rule 15c6-1 under the Securities Exchange Act of 1934

Non-Contractual Claims of Noteholders: Who Can Bring Them and How Must They Be Brought?

USA - October 24 2016 A recent decision by an appeals court of the State of New York highlights the deceptive complexity of bringing non-contractual claims by or on behalf

Avoiding Illusory Recoveries: The Importance of Black-Scholes Protections for Warrants Issued Under a Bankruptcy Plan

USA - October 24 2016 As many investors anticipated, the deep trough in the commodities market over recent years resulted in a number of companies in commodity industries

Caveat Redemptor - Chesapeake Energy Must Pay Full Make-Whole for 2013 Redemption of Senior Notes

USA - October 24 2016 In its second go-around before the Court of Appeals for the Second Circuit, Chesapeake Energy Corp. was required to pay noteholders a make-whole of

Ending the 10b-5 Hold-up: Aéropostale Rejects Debtor’s Attack on Traders

USA - October 24 2016 In an August 2016 decision in the Aéropostale bankruptcy case,1 the Bankruptcy Court for the Southern District of New York held that allegations of