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Safe Harbor Re-Opened? SDNY Revisits Merit Management

USA - May 2 2019 A recent decision from the United States District Court for the Southern District of New York, In re Tribune Co. Fraudulent Conveyance Litigation...

Ray Schrock, Michael Godbe.

Second Liens Beware Delaware Bankruptcy Court Finds De Facto Claim Subordination Under Intercreditor Agreement

USA - January 10 2019 On December 27, 2018, the United States Bankruptcy Court for the District of Delaware issued an opinion in In re La Paloma...

David Li, Daniel Dokos.

Claire’s Stores, Inc.: A Proactive Approach to Portfolio Company Governance

USA - December 4 2018 The recent success in Claire’s Stores’ $2.1 billion restructuring reinforces the importance of a proactive approach to corporate governance for...

Are Attendance and Objection in Bankruptcy Court Prerequisites for Appellate Standing?

USA - June 26 2018 The circuits are split on whether attendance and objection at a bankruptcy court proceeding are prerequisites to appellate standing under the “person...

Arkady Goldinstein.

Supreme Court Rejects 546(e) Safe Harbor for “Conduit Transactions”

USA - March 8 2018 Last week, in Merit Management Group, LP v. FTI Consulting, Inc.1 the Supreme Court settled a split in the circuit courts, unanimously holding that...