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Kevin J. Walsh

Mintz

Articles

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Ninth Circuit: No Ulterior Motive, No Bad Faith When Buying Claims to Block Confirmation

USA - July 24 2018 A recent Ninth Circuit Court of Appeals decision provides insight into “bad faith” claims-buying activity; specifically whether a creditor’s purchase...

In Massachusetts, Directors and Investors Acting in their Normal Capacities Do Not Have Personal Liability for Wage Act Violations

USA - February 8 2018 The Massachusetts Supreme Judicial Court recently held that the Massachusetts Wage Act does not impose personal liability on board members or...

Bankruptcy Restrictions in Operating Agreement Held Unenforceable

USA - October 4 2017 In In Re Lexington Hospitality Group, LLC, the United States Bankruptcy Court for the Eastern District of Kentucky thwarted a lender’s efforts to...

Delaware Court Holds that Trademark License Cannot be Assigned Without Consent

USA - August 28 2017 The Delaware bankruptcy court recently decided that a debtor could not assign a trademark license absent the consent of the licensor. The court...

Exculpatory Provisions Under Delaware Law: Say What You Mean And Mean What You Say

USA - July 10 2017 Exculpation provisions in operating agreements must be carefully crafted in order to protect members, managers, directors and officers for breaches of...