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Results: 1-10 of 125

California Supreme Court resolves Court of Appeal split, holding that Section 2010 of the California Corporations Code -- California's "Survival Statute" -- does not apply to foreign corporations
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • February 27 2013

In Greb v. Diamond Int'l Corp., 2013 WL 628328 (Cal. Feb. 21, 2013), the California Supreme Court unequivocally and unanimously laid to rest the


Delaware court provides critical guidance as to the commercial reasonableness of a UCC Article 9 foreclosure sale
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • June 7 2013

Secured lenders often resort to non-judicial foreclosure sales of personal property upon a borrower's default. Article 9, Part 6 of the Uniform


Cherry picking contract provisions in bankruptcy: not so taboo after all?
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • August 6 2013

One of the quintessential principles of the Bankruptcy Code is that when a debtor assumes an executory contract, it must assume the contract as a


First Circuit finds that a private equity fund can be liable for the pension obligations of its portfolio company
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • August 6 2013

In Sun Capital Partners III, L.P. Et al. V. New England Teamsters & Trucking Industry Pension Fund, No. 12-2312, 2013 WL 3814985 (1st Cir. July 24


Expanded protections for directors navigating the zone of insolvency
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • October 25 2007

In 1991, a decision of the Delaware Chancery Court helped popularize the term "zone of insolvency.”


Ninth Circuit confirms existence of ride through doctrine in Chapter 11 cases
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • August 21 2007

In Diamond Z Trailer, Inc. v. JZ, LLC (In re JZ, LLC), No. 07-1011 (9th Cir. B.A.P., June 18, 2007), the Ninth Circuit Bankruptcy Appellate Panel affirmed a Bankruptcy Court decision holding that an unscheduled executory contract rides through the bankruptcy if not assumed or rejected during the bankruptcy


How Dodd-Frank impacts creditors of bankrupt banks
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • March 31 2014

On Feb. 11, the three private plaintiff-appellants and 11 state plaintiff-appellants in State National Bank of Big Spring et al. V. Jacob J. Lew et


United States Supreme Court resolves circuit split
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • July 9 2008

In a recent decision, the United States Supreme Court resolved a circuit split regarding the meaning of the statutory phrase "under a plan confirmed under Chapter 11 of the bankruptcy Code," as codified in 11 U.S.C. 1146(a


Commercial division rules on enforceability of liquidated damages clauses
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • February 13 2012

In Wells Fargo Bank Northwest v. US Airways, Inc., 2011 NY Slip Op 52188(U) (Sup. Ct. N.Y. County Dec. 1, 2011), Justice Bernard J. Fried held that a liquidated damages provision requiring payment of a holdover fee equal to twice the monthly rent was reasonable and did not function as a penalty under New York contract law


Court to lenders: strict compliance with local recording requirements necessary
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • February 10 2011

A decision out of the District Court for the Middle District of North Carolina (the "District Court"), now being appealed to the Fourth Circuit Court of Appeals, highlights just how critical it is for lenders to strictly comply with local recording requirements when recording their liens