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What to consider when non-payment leads to litigation

Porter Wright Morris & Arthur LLP
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USA
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September 6 2012

This article is Part Four in a seven-part series on how to structure sales and what to do when your customer fails to pay

Default by a customer: knowledge is power

Porter Wright Morris & Arthur LLP
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USA
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August 31 2012

By understanding your position prior to or shortly after a default by the customer, it may be possible to negotiate favorable terms with the customer to avoid default, proceed with litigation against the customer before there is a deluge or prepare for a bankruptcy by the customer

Signs of trouble before payment default

Porter Wright Morris & Arthur LLP
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USA
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August 23 2012

With the recent economic slowdown in many sectors and the parade of corrupt corporate executives on the evening news, corporate managers are more sensitive than ever to signs of troubled business practices and how those practices affect outstanding receivables

Court protects shareholder from liability when it terminates payments to former executive

Masuda Funai Eifert & Mitchell Ltd
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USA
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July 6 2012

One of the benefits to a corporate form of entity is the protection of shareholders from liability for obligations of the corporation

Receiver can be appointed to enforce books-and-records order

Jenner & Block
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USA
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April 17 2012

In Jagodzinski v. Silicon Valley Innovation Co., No. 6203, Slip Op. (Del. Ch. Feb. 14, 2012), the Delaware Chancery Court held that a receiver can be appointed to assure compliance with an Order granting interest holders access to a company’s books and records

The UK Supreme Court ruling in the Lehman client money case

Fried Frank Harris Shriver & Jacobson LLP
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USA
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April 16 2012

On 29 February 2012, the UK Supreme Court handed down its judgment concerning the treatment of client money in the long-running administration of Lehman Brothers International (Europe) (“LBIE”

Members beware! LLC members will be insiders for bankruptcy preference purposes

Reinhart Boerner Van Deuren SC
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USA
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April 4 2012

Recently, in In re Longview Aluminum, LLC, the Seventh Circuit Court of Appeals held that members of a limited liability company (“LLC”) are insiders for preferential transfer purposes under the Bankruptcy Code

Five common 409A design errors: 4 No six-month delay for public company terminations

Bryan Cave LLP
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USA
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March 20 2012

Code Section 409A is, in part, a response to perceived deferred compensation abuses at companies like Enron and WorldCom

FDIC weighs in on director and officer removal of bank documents

Bryan Cave LLP
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USA
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March 19 2012

Following the failure of over 400 financial institutions since the beginning of 2008, the FDIC has clarified its expectations with respect to collection and retention of bank documents by directors and officers of troubled or failing financial institutions for the purpose of explaining or defending their conduct

Pennsylvania Federal Court salvages customer lists as basis for UTSA claim, but shreds liquidated damages provision and rejects fiduciary claim

Seyfarth Shaw LLP
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USA
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February 3 2012

In the most recent ruling in long-running litigation styled AMG National Trust Bank v. Ries, NO. 06-CV4337, 09-cv-3061 (E.D. Pa.) (decided Dec. 29, 2011), the Eastern District of Pennsylvania partially granted the defendant Stephen Ries’s motion for summary judgment, jettisoning the plaintiff’s breach of fiduciary duty claims and plaintiff’s request for liquidated damages, but permitting the case to proceed for alleged breach of a restrictive covenant in his employment agreement

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Search results

What to consider when non-payment leads to litigation

Default by a customer: knowledge is power

Signs of trouble before payment default

Court protects shareholder from liability when it terminates payments to former executive

Receiver can be appointed to enforce books-and-records order

The UK Supreme Court ruling in the Lehman client money case

Members beware! LLC members will be insiders for bankruptcy preference purposes

Five common 409A design errors: 4 No six-month delay for public company terminations

FDIC weighs in on director and officer removal of bank documents

Pennsylvania Federal Court salvages customer lists as basis for UTSA claim, but shreds liquidated damages provision and rejects fiduciary claim

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