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"Jones Day is one of only three law firms appearing in the BTI Client Service 30 each and every year for the past 16 years." -- BTI Consulting All law…
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Jones Day | USA | 30 Sep 2023

Circuit Split Widens on Extent of Abrogation of Sovereign Immunity for Governmental Units in Bankruptcy Avoidance Litigation

Bankruptcy trustees and chapter 11 debtors-in-possession ("DIPs") frequently seek to avoid fraudulent transfers and obligations under section 544(b)…
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Jones Day | USA | 30 Sep 2023

Court's Broad Interpretation of Definition of "Securities Contracts" Promotes Expansive Scope of Bankruptcy Code "Safe Harbor"

Section 546(e) of the Bankruptcy Code's "safe harbor" preventing avoidance in bankruptcy of certain securities, commodity, or forward-contract…
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Jones Day | USA | 30 Sep 2023

Texas Bankruptcy Court Blesses Serta Chapter 11 Plan Over Objections of Lenders Excluded from "Position Enhancement Transaction"

On June 6, 2023, the U.S. Bankruptcy Court for the Southern District of Texas confirmed the chapter 11 plan of bedding manufacturer Serta Simmons…
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Jones Day | USA | 30 Sep 2023

Sixth Circuit: Equitable Mootness Does Not Bar an Appeal in a Chapter 7 Case

The court-fashioned doctrine of "equitable mootness" has frequently been applied to bar appeals of bankruptcy court orders under circumstances where…
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Jones Day | USA | 30 Sep 2023

Ninth Circuit: Standard for Constitutional Standing Applies to Bankruptcy Appeals

Federal appellate courts have traditionally applied a "person aggrieved" standard to determine whether a party has standing to appeal a bankruptcy…
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Jones Day | USA | 30 Sep 2023

Seventh Circuit: No Avoidance of Preferential or Fraudulent Transfer Absent Diminution of the Estate

In Mann v. LSQ Funding Group, L.C., 71 F.4th 640 (7th Cir. 2023), reh'g denied, 2023 WL 4684702 (7th Cir. July 21, 2023), the U.S. Court of Appeals…
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Jones Day | USA | 28 Sep 2023

Court Grants Starbucks Corporation's Motion to Dismiss Advocacy Group's Complaint Targeting DEI Initiatives

A Washington federal judge dismissed challenges to Starbucks's Diversity, Equity, and Inclusion ("DEI") policies in a strongly worded opinion, making…
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Jones Day | Hong Kong | 28 Sep 2023

Amendments to the Hong Kong Codes on Takeovers and Mergers and Share Buybacks

Certain provisions of the current Codes on Takeovers and Mergers and Share Buybacks of Hong Kong (the "Codes") may cause…
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Jones Day | USA | 28 Sep 2023

CFTC Lacks Jurisdiction Over TRS on ETFs and Custom Baskets

The civil action of the Commodity Futures Trading Commission ("CFTC") against Archegos Capital Management LP and its CFO is…
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