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Results: 1-10 of 40

Holding the defensive line: Delaware court rejects extension of WARN Act liability to private equity sponsor

  • Debevoise & Plimpton LLP
  • -
  • USA
  • -
  • May 16 2013

On May 10, 2013, Judge Brendan Linehan Shannon of the United States Bankruptcy Court for the District of Delaware rejected an attempt to hold a

WARN Act liability and private equity firms

  • Drinker Biddle & Reath LLP
  • -
  • USA
  • -
  • May 2 2013

Last month's decision out of the Delaware District Court in Woolery, et al. v. Matlin Patterson Global Advisers, LLC, et al. was an eye opener for

What matters: A review of 2011 and 2012

  • Kramer Levin Naftalis & Frankel LLP
  • -
  • USA
  • -
  • April 1 2013

As you know, the last two years have seen a somewhat improved, but by no means robust, business climate. At the same time, structural shifts in the

Seventh Circuit extends FLSA successor liability to asset purchaser

  • Baker Donelson Bearman Caldwell & Berkowitz PC
  • -
  • USA
  • -
  • March 27 2013

The U.S. Court of Appeals for the Seventh Circuit became the second federal appellate court to extend successor liability under the FLSA to an asset

DeX Games - SuperMedia and Dex One file simultaneous Chapter 11 cases to effect merger

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • March 25 2013

Distressed m&a is the "new normal" in Chapter 11 cases, as noted here and elsewhere. Two large media marketing and advertising companies, SuperMedia

Investment funds not liable for portfolio company's underfunded pension liability under federal court ruling

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • December 3 2012

On October 18, 2012, the U.S. District Court for the District of Massachusetts ruled that two private equity investment funds managed by Sun Capital Partners, Inc. were not liable for their bankrupt portfolio company's multiemployer pension plan withdrawal liability (Sun Capital Partners III, LP v. New England Teamsters and Trucking Industry Pension Fund, Civ. Action No. 10-10921-DPW (D. Mass. Oct. 18, 2012

Must an assignee for the benefit of creditors give notice to creditors before selling the assignor's assets?

  • Jeffer Mangels Butler & Mitchell LLP
  • -
  • USA
  • -
  • August 30 2012

Assignments for the benefit of creditors (ABC's as they are called) are known for their speed and flexibility

Recent developments in acquisition finance

  • Dechert LLP
  • -
  • USA
  • -
  • July 18 2012

There have been some important recent legal developments that will likely impact acquisition finance

Delaware Supreme Court curtails rights of creditors to bring derivative suits against insolvent Delaware LLCs

  • Drinker Biddle & Reath LLP
  • -
  • USA
  • -
  • February 1 2012

If you are a creditor of a Delaware limited liability company and wish to pursue derivative claims on behalf of an insolvent company against the company’s present or former managers based on breaches of fiduciary duties, you may be out of luck

McCaskill-Bond amendment applies to bankrupt air carrier

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • January 17 2012

In mid-2009, Midwest Airlines was losing money and in dire financial circumstances

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