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How will Section 546(e) apply to public securities transactions in wake of Merit Management?

Caplin & Drysdale, Chartered
USA
May 25 2018

The Supreme Court's decision in Merit Management construes Section 546(e) of the Bankruptcy Code (11 USC 546(e)) more narrowly than most lower

An Overview of Political Advertising Policies for Google, Twitter, and Snapchat

Caplin & Drysdale, Chartered
USA
May 21 2018

Late last year, many social media and internet giants announced plans to overhaul their advertising policies for political content. Entities that

There’s No Elephant in This Mousehole: The Supreme Court Upholds State Court Jurisdiction Over Class Actions Brought Under the Securities Act of 1933

Caplin & Drysdale, Chartered
USA
May 17 2018

On March 20, 2018, the Supreme Court issued a unanimous decision in Cyan, Inc. v. Beaver County Employees Retirement Fund, a case concerning the

An Overview of Facebook’s Election-Related Disclosure Program for Advertisers

Caplin & Drysdale, Chartered
USA
May 3 2018

Last fall, Facebook announced a disclosure program for users of its platform specifically aimed at requiring disclosures for election-related

New York Enhances Disclosure of Online Political Ads and Requires Online Platforms to Create Archives

Caplin & Drysdale, Chartered
USA
April 27 2018

On April 18, 2018, Governor Andrew Cuomo signed the New York Democracy Protection Act - which expands the disclosure obligations for online

Is “Per Debtor” Better? Cases Analyzing Cramdown and Substantive Consolidation Reflect Ongoing Debate About Creditor Protections in Multi-Debtor Bankruptcies

Caplin & Drysdale, Chartered
USA
April 18 2018

Recent case law demonstrates that there is a current judicial disagreement over whether the Bankruptcy Code will permit a cramdown in a

Narrower harbours: Supreme Court limits Section 546(e) securities safe harbour

Caplin & Drysdale, Chartered
USA
March 30 2018

The Bankruptcy Code provides bankruptcy trustees, debtors and creditors committees with avoidance powers that allow them to set aside and recover

Supreme Court Alert: The Court Provides Additional Guidance on the Appropriate Level of Review of Determinations of Mixed Questions of Law and Fact by the Bankruptcy Court

Caplin & Drysdale, Chartered
USA
March 16 2018

On March 5, 2018, the Supreme Court issued a unanimous decision in U.S. Bank National Ass'n ex rel. CWCapital Asset Management LLC v. Village at

Narrower Harbors: Supreme Court Holds that 546(e) Securities Safe Harbor Does Not Protect Transfers in Which Financial Institution Is Only a Conduit

Caplin & Drysdale, Chartered
USA
March 15 2018

The Bankruptcy Code provides bankruptcy trustees, debtors, and creditor committees with "avoidance powers" that allow them to set aside and recover

IRS’s Offshore Voluntary Disclosure Program Ending: Impact on U.S. Taxpayers

Caplin & Drysdale, Chartered
USA
March 15 2018

On March 13, 2018, the Internal Revenue Service (IRS) announced that it will end the Offshore Voluntary Disclosure Program (OVDP) on September 28

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