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Results: 1-10 of 41

Recent developments in acquisition finance

  • Dechert LLP
  • -
  • USA
  • -
  • August 18 2014

Several recent legal and regulatory developments in the U.S. will likely alter the makeup of the group of arrangers and financiers willing to arrange

Court rules Houston Astros cannot strike out fiduciary duties in bankruptcy

  • Dechert LLP
  • -
  • USA
  • -
  • March 5 2014

One of the incentives that Delaware law offers founders of business entities is the ability to tinker with the fiduciary duties that the managers of

Practice pointer follow up

  • Dechert LLP
  • -
  • USA
  • -
  • September 25 2012

First and foremost here at the Drug and Device Law Blog, we like good, strong defense decisions

“Officer” titles do they confer insider status?

  • Dechert LLP
  • -
  • USA
  • -
  • September 24 2014

Insider status in U.S. bankruptcy carries with it significant burdens. Insiders face a one year preference exposure rather than the 90 day period

LLC agreement prohibiting bankruptcy filing held enforceable

  • Dechert LLP
  • -
  • USA
  • -
  • December 14 2010

Courts generally agree that pre-petition agreements to forgo the protections of bankruptcy are invalid as against public policy

Claims under TBA contracts do not qualify as customers’ claims in broker-dealers’ liquidation

  • Dechert LLP
  • -
  • USA
  • -
  • December 19 2011

Judge James M. Peck of the United States Bankruptcy Court for the Southern District of New York on December 8, 2011 issued an opinion on a motion of the Lehman Brothers Inc. (“LBI”) trustee (“Trustee”) to confirm his determination that certain claims relating to settled on delivery-versus-payment “to be announced” (“TBA”) contracts do not qualify as customer claims against the LBI estate and therefore are not entitled to Securities Investor Protection Act (“SIPA”) coverage

Identifying further restructuring risks in Germany - Federal Court of Justice clarifies liability for continuing the business of an insolvent company

  • Dechert LLP
  • -
  • Germany
  • -
  • March 27 2014

The Financial Crisis, a difficult market situation and a tense liquidity status have led to remarkable difficulties for mid-sized businesses within

Pennsylvania Supreme Court limits the applicability of the in pari delicto defense

  • Dechert LLP
  • -
  • USA
  • -
  • July 14 2010

In pari delicto is a common law defense against liability in circumstances where the culpability of the plaintiff is at least as great as the culpability of the defendant

Bankruptcy court casts cloud of uncertainty over treatment of executory contracts and swaps

  • Dechert LLP
  • -
  • USA
  • -
  • March 3 2010

A recent decision in the Bankruptcy Court for the Southern District of New York (the "Court") in the Lehman case has extended the unenforceability of ipso facto clauses to a provision triggered by the bankruptcy filing of an affiliate of a contractual party

Bankruptcy court rejects FDIC’s claim for capital shortfall

  • Dechert LLP
  • -
  • USA
  • -
  • September 23 2010

The next few years will see the "redevelopment" of the law in two critical areas involving bank failures where the Federal Deposit Insurance Corporation ("FDIC") is appointed receiver: (i) the relative rights and claims of creditors of a bank or savings and loan holding company, including the FDIC; and (ii) D&O and professional liability