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A Foreign Entity May be Subject to U.S. Bankruptcy Court Jurisdiction Simply by Utilizing a U.S. Bank Account in a Transaction with Another Foreign Entity

USA - June 27 2022 A foreign (non-U.S.) company can be dragged unwillingly into a U.S. bankruptcy case if the bankruptcy court has “personal jurisdiction” over the…

Furqaan Siddiqui

A Foreign Entity May be Subject to U.S. Bankruptcy Court Jurisdiction Simply by Utilizing a U.S. Bank Account in a Transaction with Another Foreign Entity

USA - June 27 2022 A foreign (non-U.S.) company can be dragged unwillingly into a U.S. bankruptcy case if the bankruptcy court has “personal jurisdiction” over the…

Furqaan Siddiqui

Statute of Limitations, Res Judicata, and Collateral Estoppel—Oh My! Asserting Affirmative Defenses in Delaware Bankruptcy Court

USA - May 24 2022 The issue of whether directors, officers, and/or shareholders breached their fiduciary duties to a company prior to bankruptcy is commonly litigated…

Rebecca Richardson

ASHINC or Swim Case Study: Lessons for Private Equity Sponsors on Risks Relating to Distressed Portfolio Companies (Part II: Breach of Fiduciary Duty)

USA - May 20 2022 On May 2, 2022, after a lengthy trial, Judge Christopher Sontchi of the Bankruptcy Court for the District of Delaware (the “Court”) ruled (the “2022…

Evert J. Christensen, Teddy Cohan, Glenn D. West

Lenders Beware: Lender Liability is Real and Can Cost You Dearly

USA - February 7 2022 There is a common misconception that lender liability is a thing of the past. However, a recent decision provides a warning to lenders that they can…

Alejandro Bascoy