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Results: 1-10 of 905

Something Smells Fishy and it Isn’t the Fish: Chapter 11 Trustee Appointed by Southern District of New York Bankruptcy Court in Case Involving Anchovy Fisheries
  • Weil Gotshal & Manges LLP
  • USA
  • December 2 2016

Section 1104(a)(2) of the Bankruptcy Code provides for the appointment of a chapter 11 trustee “if such appointment is in the interests of the


Sixth Circuit Remands Flint Water Class Action To State Court Under CAFA
  • Weil Gotshal & Manges LLP
  • USA
  • December 2 2016

Recently, the Sixth Circuit upheld the district court’s decision to remand a suit brought by a putative class of Flint, Michigan residents arising


E-Cigarettes Escape Stricter Labeling
  • Weil Gotshal & Manges LLP
  • USA
  • November 30 2016

As many readers are aware, this past Spring the FDA issued a Final Rule concluding that e-cigarettes are deemed “tobacco products” and thus fall


What’s a Cure, Anyway? Ninth Circuit Holds Creditor Entitled to Post-Default Interest Rate
  • Weil Gotshal & Manges LLP
  • USA
  • November 30 2016

In early November, the Ninth Circuit held in In re New Investments, Inc. that a debtor was required to “cure” defaults to an agreement using a


Second Circuit Examines Limits of DMCA SafeHarbor Protection
  • Weil Gotshal & Manges LLP
  • USA
  • November 29 2016

In two recent decisions, EMI Christian Music Group, Inc. v. MP3tunes, LLC1 and Capitol Records, LLC v. Vimeo, LLC,2 the Second Circuit addressed


The Gloves Are Off: Antitrust Enforcers Could Criminally Prosecute Human Resource Professionals
  • Weil Gotshal & Manges LLP
  • USA
  • November 16 2016

Long ago, the human resources (“HR”) department may have felt like the one department about which the Legal Department did not need to worry about


Jury Finds Harley-Davidson Motorcycle Not Unreasonably Dangerous
  • Weil Gotshal & Manges LLP
  • USA
  • November 8 2016

Many of us are familiar with Harley-Davidson Inc.’s motto, “Fulfilling dreams of personal freedom”, however this phrase has very recently become more


“Excluded Losses” Provisions and the “Butterfly Effect”the Continued Failure of Predictability Regarding Consequential Damages Waivers in M&A Agreements
  • Weil Gotshal & Manges LLP
  • USA
  • November 7 2016

The “butterfly effect” is the concept that a seemingly insignificant change in an initial cause (e.g., an initial weather condition in Brazil, with a


Drug Manufacturer Petitions SCOTUS on Specific Jurisdiction Divide
  • Weil Gotshal & Manges LLP
  • USA
  • November 4 2016

Bristol-Myers petitioned the United States Supreme Court last month to review a California Supreme Court decision finding specific jurisdiction over


Bankruptcy Court Weights in on Delaware’s Prohibition on Deeping Insolvency Claims and Claims Against Directors Based on Relationship with Majority Shareholder
  • Weil Gotshal & Manges LLP
  • USA
  • November 4 2016

Hoku, a publicly-owned Delaware corporation, filed for bankruptcy with just $8 million in assets compared to a relatively staggering $1.3 billion in