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David A. Mawhinney

K&L Gates

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FirstEnergy: Bankruptcy court asserts primacy over FERC; approves rejection of power purchase agreements

USA - September 4 2018 In a closely watched battle between FirstEnergy Solutions (“FirstEnergy”) and the Ohio Valley Energy Corporation (“OVEC”) that could have significant...

Michael L. O'Neill, William M. Keyser, Charles A. Dale III.


Requirements for Massachusetts Homestead Exemption: Can Debtors Exempt Principal Residence Occasionally Rented as Short-Term Lodging?

USA - June 25 2018 Should a Massachusetts homeowner be allowed to claim a homestead exemption in a principal residence that is also used for business or other commercial...

Sean R. Higgins.


Dismissing FDCPA Lawsuit, Sixth Circuit Calls Out Congress for Creating Statutory Remedies Where No Harm Has Occurred

USA - March 12 2018 The Sixth Circuit Court of Appeals recently ended a Fair Debt Collection Practices Act (“FDCPA”) lawsuit because the plaintiffs could not show that...

Andrew C. Glass, Gregory N. Blase, Roger L. Smerage.


No Safe Harbor for “Overarching Transfer”: Trustee Can Avoid Payments Passing Through Financial Institutions

USA - March 1 2018 On February 27, 2018, the Supreme Court issued a significant decision that will increase the exposure of debt and equity investors that receive...

Charles A. Dale III, Rick Giovannelli, James A. Wright III.


Silence is Not Consent: SunEdison Court Rejects Third Party Releases by Passive Consent

USA - November 30 2017 In today’s chapter 11 practice, third party releases are ubiquitous. A staple of the largest and most complex cases for years, plan provisions...

Charles A. Dale III, James A. Wright III.