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 101

General Motors: Protection Granted in Section 363 Sale Orders is Only as Good as the Notice Given
  • Dechert LLP
  • USA
  • July 18 2016

In a recent decision by the U.S. Court of Appeals for the Second Circuit in the General Motors case, the court held certain claimants were not


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


Bail-In, or Just Bailing?
  • Dechert LLP
  • European Union
  • April 25 2016

You know, there's never a dull moment when one reports on the regulatory states' endless and so often fruitless and wrong-headed tinkering with the


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


Proposed U.S. Federal Reserve Board Rule’s Impact on Buy-Side Remedies in QFCs with Global Systemically Important Banking Organizations and their Affiliates
  • Dechert LLP
  • USA
  • June 15 2016

The Board of Governors of the U.S. Federal Reserve System (Board) recently proposed a rule (Proposed Rule) that will impact parties to any


Recent Developments in Acquisition Finance
  • Dechert LLP
  • USA
  • March 29 2016

Two recent court decisions may affect an equity sponsor's options when deciding whether and how to put money into - or take money out of - 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


Claims under TBA contracts do not qualify as customers’ claims in broker-dealers’ liquidation
  • Dechert LLP
  • USA
  • December 19 2011

Judge James M. Peck of the United States Bankruptcy Court for the Southern District of New York on December 8, 2011 issued an opinion on a motion of the Lehman Brothers Inc. (“LBI”) trustee (“Trustee”) to confirm his determination that certain claims relating to settled on delivery-versus-payment “to be announced” (“TBA”) contracts do not qualify as customer claims against the LBI estate and therefore are not entitled to Securities Investor Protection Act (“SIPA”) coverage


Bankruptcy court limits applicability of section 546(e) Securities safe harbor to public securities
  • Dechert LLP
  • USA
  • May 2 2011

Section 546(e) of the Bankruptcy Code provides a “safe-harbor” for certain transfers involving the purchase or sale of securities and protects those transfers from avoidance as constructive fraudulent transfers or preferences


Supreme Court Strikes Down Puerto Rico’s Local Restructuring Law
  • Dechert LLP
  • USA
  • June 17 2016

In a 5-2 decision, the Supreme Court of the United States in Commonwealth of Puerto Rico et al. V. Franklin California Tax-Free Trust et al., 579 U.S