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Results: 1-10 of 41

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

“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

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

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

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

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

Settlement finality and financial collateral arrangements: revised UK legislation

  • Dechert LLP
  • -
  • United Kingdom
  • -
  • January 13 2011

On 16 December 2010, HM Treasury published a revised draft of the Financial Markets and Insolvency (Settlement Finality and Financial Collateral Arrangements) (Amendment) Regulations 2010 (SI 20102993) (the "Amending Regulations"

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

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

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