We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 112

European Commission Proposes to Harmonise Insolvency Laws across Member States
  • Dechert LLP
  • European Union, Global, United Kingdom
  • December 15 2016

The European Commission (EC) announced proposals on 22 November 2016, which are intended to harmonise national insolvency laws across the EU through a


Litigation Funder Communications Protected by the Attorney-Client Privilege and Work Product Doctrine
  • Dechert LLP
  • USA
  • June 8 2016

Addressing a novel issue in In re: International Oil Trading Company, LLC, 548 B.R. 825 (Bankr. S.D. Fla. 2016), the United States Bankruptcy Court


Investor strategies to realize returns in troubled situations
  • Dechert LLP
  • USA
  • December 13 2010

The year 2009 set a record for defaults and restructurings


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


New York bankruptcy court adopts expansive view of section 363 free and clear assets sales
  • Dechert LLP
  • USA
  • April 8 2013

In a recent decision,the Bankruptcy Court for the Northern District of New York broadly interpreted the meaning of “interest” in the context of


Lenders to SPEs: Be Aware, You May Not Have Standing to Appeal a Substantive Consolidation Order
  • Dechert LLP
  • USA
  • October 18 2016

A substantive non-consolidation opinion is a common feature of structured finance transactions in the U.S. Most, if not all, opine as to what a


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


Recent Developments in Acquisition Finance
  • Dechert LLP
  • USA
  • June 30 2016

Private equity sponsors should be aware of two recent court decisions. One involves fiduciary duties under state law that may be owing to a limited


Second Circuit Limits Creditors’ Ability to Claw Back LBO Payments
  • Dechert LLP
  • USA
  • April 15 2016

A recent decision by the U.S. Court of Appeals for the Second Circuit, In re Tribune Company Fraudulent Conveyance Litigation, represents a


Institutions of higher education and access to bankruptcy: are things as simple as they seem?
  • Dechert LLP
  • USA
  • May 18 2015

Recently, Corinthian Colleges, Inc., one of the United States' largest for-profit educational conglomerations with 72,000 students across 107