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Product Liability Monitor Blog

Articles: 1-10 of 261

National security and investment bill

United Kingdom - November 12 2020 The Bill reflects the Government White Paper published in July 2018 with some significant changes; in particular, the mandatory notification regime…

Heads Up for the 2020 Proxy Season: Tackle Director Vulnerabilities

USA - December 12 2019 Taking stock of director vulnerabilities in elections is a critical component of preparing for the annual meeting, proxy statement and shareholder…

A Look at U.S. Sponsor-Backed Going Private Transactions

USA - July 11 2019 As was the case in 2017 and 2016, none of the surveyed going private transactions in 2018 contained a financing out (i.e., a provision that allows the…

Service Contract Sold Separately (batteries not included)

USA - March 2 2019 Many consumers purchase cars, household appliances, or electronics subject to a warranty guaranteeing the product’s condition. The Magnuson Moss…

To Make-Whole … or Not

USA - January 22 2019 On January 17, 2019, a three-judge panel of the United States Court of Appeals for the Fifth Circuit reversed, in part, and vacated, in part, a…

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…

Triangular Setoff Impermissible Under Section 553: No Contracting or Theorizing Around It, Section 553 Requires Mutuality

USA - January 3 2019 In a recent decision, In re Orexigen Therapeutics, Inc., No. 18-10518 (KG) (Bankr. D. Del. Nov. 13, 2018), Judge Kevin Gross of the United States…

Home for the Holidays: A Tale of My Local Shopping Center (and its Dismissal from Chapter 11 for Cause)

USA - December 28 2018 During this mostly quiet week in restructuring, most of us are either away on vacation (think beach or ski) or home for the holidays, maybe back in…

Chapter 15 Recognition of Third-Party Releases in Cross-Border Restructurings

USA - December 14 2018 A recent chapter 15 decision by Judge Martin Glenn of the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy…

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…