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Results: 1-10 of 59

Can you keep a secret? Can the bankruptcy court? Bankruptcy courts must adequately demonstrate the basis for sealing proceedings from the public, media

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • July 30 2014

One of the hallmarks of bankruptcy is that it provides a fair and open forum for the resolution of claims against the debtor. Another primary goal of

The interplay between section 502(d) of the Bankruptcy Code and SIPA’s requirement of “prompt” return of customer funds

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • July 29 2014

Canons of statutory construction are used frequently to resolve ambiguities in the Bankruptcy Code. In a recent decision arising out of the Madoff

DC Circuit decision could increase transparency in CFIUS reviews of M&A

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • July 28 2014

On July 15, 2014, the D.C. Circuit issued a significant decision that has the potential to inject greater transparency into reviews by the Committee

A dispute over a dispute: recent Bankruptcy Court decision dismisses involuntary chapter 7 petition due to bona fide disputes

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • July 28 2014

Creditors contemplating the bold step of commencing an involuntary bankruptcy case against a putative debtor may wish to consider a recent decision

Following the Eleventh Circuit, Sixth Circuit sides with FDIC in latest tax refund dispute

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • July 25 2014

In the world of bank holding company bankruptcies, often a dispute arises between the parent company and the FDIC (as receiver for parent's failed

Eleventh Circuit dismisses corporate ATS case

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • July 25 2014

We've been following with great interest developing case law concerning the Alien Tort Statute (ATS) (see here), including Cardona, et al. V

Genco: dry bulk shipping valuations no longer anchored to discounted cash flow method

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • July 24 2014

Discounted cash flow analysis is a mainstay among the valuation methodologies used by restructuring professionals and bankruptcy courts to determine

Ascertainability: the implicit prerequisite that may help you defeat class certification

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • July 24 2014

There are many avenues defendants may pursue in their attempts to prevent class certification in federal courts, particularly post-Dukes. One of

Indecent disclosure: how the failure to disclose a third-party release led to its undoing

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • July 23 2014

As a result of the sheer number of legal and factual issues involved in many chapter 11 cases, bankruptcy judges can sometimes find themselves as

Supreme Court to review appeal issue in LIBOR litigation

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • July 23 2014

The Supreme Court has granted certiorari in Gelboim v. Bank of America Corp. and will soon decide whether a case that has been dismissed from a