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Results: 1-10 of 39

Recent developments in acquisition finance

  • Dechert LLP
  • -
  • USA
  • -
  • March 3 2014

A recent decision of the U.S. Bankruptcy Court for the Southern District of New York examines who is an "Eligible Assignee" entitled to acquire loans

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

The Fisker case and its impact on distressed M&A

  • Dechert LLP
  • -
  • USA
  • -
  • April 15 2014

As is well known, the right to credit bid is the entitlement of a secured lender to bid the amount of its outstanding claims at the sale of its

Fifth Circuit holds foreign representatives may bring foreign law avoidance actions under Chapter 15 of Bankruptcy Code

  • Dechert LLP
  • -
  • USA
  • -
  • April 5 2010

The United States Court of Appeals for the Fifth Circuit on March 17, 2010 held that foreign representatives appointed in a foreign insolvency proceed-ing have the authority to bring a foreign law based avoidance action in an ancillary bankruptcy proceeding commenced under Chapter 15 of the Bankruptcy Code, reversing the lower court opinions

Bankruptcy Code’s patent protection extended to licensees of foreign debtors in chapter 15 case

  • Dechert LLP
  • -
  • USA
  • -
  • November 9 2011

In a case of first impression, In re Qimonda AG, the Bankruptcy Court for the Eastern District of Virginia (the “Bankruptcy Court”) found that the protections of section 365(n) of the Bankruptcy Code are available to licensees of U.S. patents in a chapter 15 case even when these protections are not available under the foreign law applicable to the foreign debtor

Bankruptcy court limits applicability of section 546(e) Securities safe harbor to public securities

  • Dechert LLP
  • -
  • USA
  • -
  • May 2 2011

Section 546(e) of the Bankruptcy Code provides a “safe-harbor” for certain transfers involving the purchase or sale of securities and protects those transfers from avoidance as constructive fraudulent transfers or preferences

Fourth Circuit affirms application of section 365(n) to ensure patent licensees sufficiently protected in granting relief to foreign representative

  • Dechert LLP
  • -
  • USA
  • -
  • December 12 2013

The Court of Appeals for the Fourth Circuit, in Jaffe v. Samsung Elecs. Co., Ltd.,recently held that a U.S. bankruptcy court is not required under

Pending Bill would expand FTC powers over drug patent settlements and alter the legal test

  • Dechert LLP
  • -
  • USA
  • -
  • February 14 2013

The recent U.S. Senate Bill would expand FTC powers and alter the legal test governing drug patent settlements. See Preserve Access to Affordable

SDNY Bankruptcy Court allows as a claim unamortized original issue discount generated in a fair market value exchange

  • Dechert LLP
  • -
  • USA
  • -
  • November 21 2013

The Bankruptcy Court for the Southern District of New York overseeing the Residential Capital ("ResCap") cases issued an opinion on November 15, 2013

Seventh Circuit allows trademark licensees to continue using license after rejection of licensing agreement

  • Dechert LLP
  • -
  • USA
  • -
  • July 17 2012

The Court of Appeals for the Seventh Circuit, in Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC,1 recently issued a decision that holdscontrary to the only other court of appeals that has addressed the issuethat rejection of a trademark licensing agreement by a debtor-licensor does not terminate the agreement and that a trademark licensee can thus continue using the license after rejection