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Seventh Circuit Deepens Circuit Split on Applicability of Section 546(e) Safe Harbor to Transactions Involving Financial Institution Acting as Mere Conduit
  • Jones Day
  • USA
  • September 27 2016

In FTI Consulting, Inc. v. Merit Management Group, LP, 2016 BL 243677 (7th Cir. July 28, 2016), a three-judge panel of the U.S. Court of Appeals for


Third Circuit Rules That Private Equity Fund and Portfolio Company Are Not a “Single Employer” for Purpose of WARN Act Liability
  • Jones Day
  • USA
  • September 27 2016

As private equity funds increasingly decide to participate actively in the affairs and management of their portfolio companies, recent court rulings


New York’s Restrictive Interpretation of Common Interest Doctrine Unlikely to Have Significant Impact in Bankruptcy
  • Jones Day
  • USA
  • September 27 2016

On June 9, 2016, the New York State Court of Appeals, in Ambac Assur. Corp. v. Countrywide Home Loans, 2016 BL 184648 (N.Y. June 9, 2016), reversed a


Proposed Amendments to Bankruptcy Rules and Forms
  • Jones Day
  • USA
  • September 27 2016

The Judicial Conference Advisory Committee on Bankruptcy Rules has proposed amendments to the Federal Rules of Bankruptcy Procedure (the “Bankruptcy


Ruling Provides Guidance on Standard to Reopen Fully Administered Chapter 11 Case “for Other Cause”
  • Jones Day
  • USA
  • September 27 2016

Section 350(b) of the Bankruptcy Code permits a bankruptcy court under certain circumstances to reopen a bankruptcy case even after the estate has


In Brief: Recent Rulings Demonstrate Evolving Law on Ability of Plan Trustees to Assert Creditors’ Pre-Bankruptcy State Law Fraudulent Transfer Claims
  • Jones Day
  • USA
  • September 27 2016

In Weisfelner v. Hofmann (In re Lyondell Chem. Co.), 2016 BL 241310 (S.D.N.Y. July 27, 2016), the U.S. District Court for the Southern District of


Conflicting Rulings on Preemption of State Law Fraudulent Transfer Claims by Section 546 Safe Harbor Create Uncertainty
  • Jones Day
  • USA
  • September 27 2016

In Deutsche Bank Trust Co. Ams. V. Large Private Beneficial Owners (In re Tribune Co. Fraudulent Conveyance Litig.), 818 F.3d 98 (2d Cir. 2016), the


Court grants Jones Day client relief from unconstitutional excessive solitary confinement
  • Jones Day
  • USA
  • September 26 2016

The U.S. District Court for the Middle District of Pennsylvania has granted a preliminary injunction ordering the Commonwealth of Pennsylvania to end


ITC Upholds 100-Day Pilot Program Section 101 Ruling
  • Jones Day
  • USA
  • September 22 2016

On September 21, 2016, in Certain Portable Electronic Devices and Components Thereof, Inv. No. 337-TA-994, the Commission determined not to review


IPR Petitioner Estopped On Grounds That Could Have Been Raised Earlier
  • Jones Day
  • USA
  • September 19 2016

In IPR2016-00781, the PTAB denied institution on the grounds that the petitioner was estopped with respect to the claims of U.S. Patent No. 8,846,112