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William A. Wood III

Bracewell LLP

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End User of Electricity Forward Contract Found Not To Be Forward Contract Merchant Under Bankruptcy Code Safe Harbor Provisions

USA - January 17 2019 On January 15th, 2019, the U.S. Bankruptcy Court for the Northern District of Ohio held that the end user of an electricity forward contact was not...

Logan Kotler, David Shim.

Privilege, with some Texas hot sauce

USA - September 13 2012 Yesterday (September 12, 2012) the Bankruptcy Court for the Southern District of Texas provided an excellent lesson on the need to know what sauce is going into the stew that governs privileged communications in bankruptcy proceedings....

Gregory W. Nye.

Curiosity safe on Mars, forward contracts safe under section 546(e) of the Bankruptcy Code

USA - August 6 2012 As NASA engineers breathe a sigh of relief after the “seven minutes of terror” that was the rover Curiosity’s landing on Mars, recipients of payments under commodity forward contracts canat least in the Fifth Circuitrest assured that agreements that meet the basic definition of forward contract contained in section 101(25) of the Bankruptcy Code will be protected from preference liability should their counterparties find themselves in bankruptcy....