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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

Dealing with difficult debtors

  • Stinson Leonard Street LLP
  • -
  • USA
  • -
  • August 15 2014

We are all familiar with the often-repeated policy that: “The principal purpose of the Bankruptcy Code is to grant a ‘fresh start’ to the ‘honest but

Fourth Circuit issues reminder to plan proponents: evidentiary support is required for non-debtor releases

  • Cooley LLP
  • -
  • USA
  • -
  • August 15 2014

For some time, there has been a split among the circuit courts as to whether the Bankruptcy Code permits non-consensual releases of non-debtor

Property tax foreclosure: tax authority may have to pay for equity in property

  • Pepper Hamilton LLP
  • -
  • USA
  • -
  • August 15 2014

A chapter 7 trustee sought to avoid a property tax foreclosure as a fraudulent transfer and then to recover damages from the foreclosing county. The

Mind your Ds and Os: policy language proves determinative in director and officer insurance coverage

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • August 15 2014

A recent pair of opinions from New York and Pennsylvania shows the importance of evaluating all parts of director and officer (D&O) insurance

What's in a name? Amendments to the Uniform Fraudulent Transfer Act

  • Reed Smith LLP
  • -
  • USA
  • -
  • August 15 2014

On July 16, 2014, the Uniform Law Commission (the "Commission") approved a series of discrete amendments to the Uniform Fraudulent Transfer Act (the

Court orders privacy Ombudsman in bankruptcy case

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • August 14 2014

Crumbs Bake Shop Inc. shut down in July and filed for bankruptcy in New Jersey court that same month. The bankruptcy court ordered an auction sale

Fifth Circuit holding breathes life back into the contractual liability exclusion

  • Carlton Fields Jorden Burt
  • -
  • USA
  • -
  • August 14 2014

Liability insurance policies typically exclude coverage for obligations arising out of the insured's "assumption of liability in a contract or

Peering through the muck again: another court analyzes whether LLC operating agreements are property interests or executory contracts

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • August 14 2014

We've previously focused here and here on the split in authority analyzing whether provisions in LLC operating agreements that automatically strip

The Ninth Circuit waits for no one

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • August 13 2014

Earlier this year, we at the Stern Files expressed our disappointment with the Supreme Court’s limited decision in Executive Benefits Insurance