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Results: 11-20 of 103

J. Howard Marshall: scion of bankruptcy reform??

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • August 21 2014

In 1932, J. Howard Marshall and William O. Douglas co-authored an article published in the Columbia Law Review titled "A Factual Study of Bankruptcy

Let’s call the whole thing off: what happens if the Bankruptcy Code says yes, but the debtor’s governance documents say no?

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • August 20 2014

As a general matter, governance provisions in a chapter 11 debtor's organizational documents continue to apply postpetition. But what if those

Can the FDIC assert direct as well as derivative claims of stockholders of failed banks? The Seventh Circuit says “no (but maybe they should)”

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • August 19 2014

In Levin v. Miller, a recent decision out of the Seventh Circuit, Judge Easterbrook clarified the types of claims that the Federal Deposit Insurance

Lack of causation key hurdle in Texas fracking case

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • August 18 2014

While the recent $2.9 million verdict in Dallas County, Texas in Bob and Lisa Parr's nuisance suit against Aruba Petroleum grabbed headlines as a

Ninth Circuit weighs in on FTAIA and Alternative Fine Statute

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • August 18 2014

The Ninth Circuit recently affirmed a $500 million fine for AU Optronics ("AUO") in the long-running liquid crystal display panel cartel case, and

Peering through the muck again: another court analyzes whether LLC operating agreements are property interests or executory contracts

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • August 14 2014

We've previously focused here and here on the split in authority analyzing whether provisions in LLC operating agreements that automatically strip

The Ninth Circuit waits for no one

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • August 13 2014

Earlier this year, we at the Stern Files expressed our disappointment with the Supreme Court’s limited decision in Executive Benefits Insurance

Understanding and implementing the NIST Cybersecurity Framework

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • August 13 2014

Despite the fact that companies are continuing to increase spending on cybersecurity initiatives, data breaches continue to occur. According to The

Pass the buck: Fourth Circuit preserves the mere conduit defense

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • August 12 2014

Banks, insurance brokers, and other agents can breathe a sigh of relief as the Fourth Circuit enabled the “mere conduit” defense to survive another

Section 363(f) retires ERISA-based successor liability claims

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • August 11 2014

As this Blog has discussed in a number of recent posts, free and clear sales under section 363(f) of the Bankruptcy Code often lead to disputes over