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Results: 1-10 of 1,734

Funds Talk: December 2016
  • Kramer Levin Naftalis & Frankel LLP
  • European Union, France, United Kingdom, USA
  • December 1 2016

The Office of Compliance Inspections and Examinations (OCIE) announced it is examining registrants' compliance with key whistleblower provisions


Third Circuit Rules That Make-Whole Claims of Energy Future’s Bondholders Are Enforceable in Chapter 11 Proceeding
  • K&L Gates
  • USA
  • November 28 2016

In a November 17, 2016 ruling likely to impact ongoing debt restructurings, pending bankruptcy proceedings and negotiations of new debt issuances, the


Ending the 10b-5 Hold-up: Aéropostale Rejects Debtor’s Attack on Traders
  • Kramer Levin Naftalis & Frankel LLP
  • USA
  • October 24 2016

In an August 2016 decision in the Aéropostale bankruptcy case,1 the Bankruptcy Court for the Southern District of New York held that allegations of


Non-Contractual Claims of Noteholders: Who Can Bring Them and How Must They Be Brought?
  • Kramer Levin Naftalis & Frankel LLP
  • USA
  • October 24 2016

A recent decision by an appeals court of the State of New York highlights the deceptive complexity of bringing non-contractual claims by or on behalf


How a “Voluntary” Default under An Indenture Converted an Optional Redemption Provision into a Mandatory Redemption Provision Requiring Payment of a Make-Whole Premium
  • Weil Gotshal & Manges LLP
  • USA
  • October 5 2016

In Through the Looking Glass, Lewis Carroll’s sequel to Alice’s Adventures in Wonderland, there is a famous exchange between Humpty Dumpty and Alice


Seventh Circuit Deepens Circuit Split on Applicability of Section 546(e) Safe Harbor to Transactions Involving Financial Institution Acting as Mere Conduit
  • Jones Day
  • USA
  • September 27 2016

In FTI Consulting, Inc. v. Merit Management Group, LP, 2016 BL 243677 (7th Cir. July 28, 2016), a three-judge panel of the U.S. Court of Appeals for


Seventh Circuit Limits Bankruptcy Safe Harbor Protection
  • Schulte Roth & Zabel LLP
  • USA
  • September 8 2016

The safe harbor protection of Bankruptcy Code (“Code”) 546(e) does not protect “transfers that are simply conducted through financial institutions,”


Circuit Courts Divided Following Seventh Circuit's Section 546(e) Safe Harbor Decision
  • Jones Day
  • USA
  • August 22 2016

On July 26, 2016, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit ruled that the Bankruptcy Code section 546(e) "safe


Is Bank Debt a Security?: Dangerous Implications of the General Motors Litigation
  • Kramer Levin Naftalis & Frankel LLP
  • USA
  • August 16 2016

Borrowers, agent banks, syndicate members and secondary market purchasers incur, syndicate, sell and buy bank debt on the assumption that bank debt


Not So Safe After All?
  • Shearman & Sterling LLP
  • USA
  • August 9 2016

On June 20, 2016, the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”) denied in part a motion to dismiss and