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At last: DoD codifies procedures for addressing Foreign Ownership, Control or Influence (“FOCI”) concerns

USA - May 6 2014 The Department of Defense ("DoD") has now issued an interim final rule codifying and, in some cases, substantially changing, the policies and...

Daniel C. Schwartz, Jennifer Kies Mammen.

Creditors of insolvent Delaware limited liability companies blocked from suing managers for breach of fiduciary duty

USA - November 24 2010 In today's turbulent economic climate, it is vital for creditors and debtors to understand the precise boundaries of their rights and duties when an enterprise becomes insolvent....

Stefani Thomas.

In re Tousa highlights risks to lenders relying on after-acquired collateral and “savings clauses” in loan documents

USA - March 29 2010 The recent case of In re Tousa, Inc. (Official Committee of Unsecured Creditors of Tousa, Inc., v. Citicorp North America, Inc., Adv. Pro. No. 08-1435-JKO (Bankr. S.D. Fla., October 13, 2009)) has attracted considerable attention and dread in the banking and legal communities....

William C. Holland.

New restrictions on creditors’ rights exclusions in title insurance policies

USA - February 12 2010 Anyone who obtains title insurance, whether as an owner or a lender, should be aware of a recent abrupt and significant change in title insurance practices across the country....

Dena M. Cruz.