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Insolvency at Its Limits: What Management and Creditors of Insolvent LLCs and LPs Should Know About Fiduciary Duties Waivers and Standing, Inside and Outside of Bankruptcy
  • Wilmer Cutler Pickering Hale and Dorr LLP
  • USA
  • June 8 2017

Delaware law allows members and partners of limited liability companies (LLCs) and limited partnerships (LPs) to waive the fiduciary duties of their

Six Degrees of Separation: Use of Bankruptcy Rule 2004 Examination in Connection with Third-Party Litigation
  • Cole Schotz PC
  • USA
  • June 14 2017

An issue of first impression appears to have arisen recently in a case pending before United States Bankruptcy Judge Stuart Bernstein in the United

Supreme Court Rules on Whether Filing "Obviously" Time-Barred Claims is "Unfair or Unconscionable" Under FDCPA
  • Shook Hardy & Bacon LLP
  • USA
  • June 9 2017

In November, members of our Bankruptcy & Creditors' Rights group gave a presentation concerning the Midland Funding, LLC v. Johnson case then pending

Statutory Limits to Retained Jurisdiction - - The Contract May Not Be The Answer
  • Squire Patton Boggs
  • USA
  • June 13 2017

A recent decision by the United States Court of Appeals for the First Circuit provides additional guidance with respect to jurisdictional disputes

Finance and secured lending in the United States
  • Sullivan & Cromwell LLP
  • Global, USA
  • May 5 2017

A structured guide to finance and secured lending in the United States

Tenth Circuit Finds CERCLA Contribution Claim Not Barred by Bankruptcy Approval of a Settlement Estimating Liability for the Site
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • June 12 2017

Asarco LLC v. Noranda Mining, Inc., 844 F.3d 1201 (10th Cir. 2017). In a Comprehensive Environmental Response, Compensation, and Liability Act

Corzine sidelined
  • Bernstein Litowitz Berger & Grossmann LLP
  • USA
  • June 12 2017

The US Commodity Futures Trading Commission's years-long litigation against the former CEO of MF Global Holdings Ltd. has concluded with a settlement

District of Delaware Ruling Reminds Parties of the Danger of Narrow Arbitration Provisions
  • McCarter & English LLP
  • USA
  • June 9 2017

In a May 16, 2017 ruling, the United States District Court for the District of Delaware affirmed the order of the bankruptcy court denying a party’s

Michigan Enacts the New Uniform Voidable Transactions Act
  • Foster Swift Collins & Smith PC
  • USA
  • June 8 2017

On July 16, 2014, the Uniform Law Commission (the “Commission”) approved a series of changes to the Uniform Fraudulent Transfer Act (the “UFTA”). The

Roll-up financing gains prominence
  • Cadwalader Wickersham & Taft LLP
  • USA
  • June 15 2010

A "roll-up" is a form of postpetition financing which has the effect of elevating the priority of prepetition debt