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Second Liens Beware Delaware Bankruptcy Court Finds De Facto Claim Subordination Under Intercreditor Agreement
  • Weil Gotshal & Manges LLP
  • 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


Financial Reporting in 2019: What Management and the Audit Committee Need to Know (and Ask)
  • Weil Gotshal & Manges LLP
  • USA, United Kingdom, European Union
  • January 8 2019

Top officials and staff from the SEC, the PCAOB and the FASB gathered in mid-December in Washington, D.C. at the 2018 AICPA Conference on Current SEC


Triangular Setoff Impermissible Under Section 553: No Contracting or Theorizing Around It, Section 553 Requires Mutuality
  • Weil Gotshal & Manges LLP
  • 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


Portfolio Company D&O InsuranceAre the Director Designees of PE Owners Actually Covered?
  • Weil Gotshal & Manges LLP
  • USA
  • January 2 2019

All too often the task of procuring and renewing D&O insurance at a portfolio company is assigned to the portfolio company’s CFO or Controller, who


Home for the Holidays: A Tale of My Local Shopping Center (and its Dismissal from Chapter 11 for Cause)
  • Weil Gotshal & Manges LLP
  • 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


Institutional Investors and Advisors Pursue Expanded CEO Pay Ratio Disclosure
  • Weil Gotshal & Manges LLP
  • USA
  • December 21 2018

A group of institutional investors and advisors, cumulatively representing $3.3 trillion in assets under management and advisement, recently sent a


The Second Circuit Shuts Down Resale of Digital Music Files in Capitol Records, LLC v. ReDigi, Inc.
  • Weil Gotshal & Manges LLP
  • USA
  • December 18 2018

If you purchase a copy of music in physical form--like a CD or vinyl record-- you own your copy even though you do not own the underlying songs


Icebergs in Your ContractUndefined Fraud Carve-outs Continue to Produce Peril for Innocent Private Equity Sellers
  • Weil Gotshal & Manges LLP
  • USA
  • December 17 2018

Donald Sutherland may be best known as a Hollywood actor, but a man by the same name was apparently a wireless operator aboard the Parisian, a ship


Chapter 15 Recognition of Third-Party Releases in Cross-Border Restructurings
  • Weil Gotshal & Manges LLP
  • 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


SEC Meeting on December 19, 2018 to Consider Adopting a Disclosure Rule on Hedging by Employees or Directors
  • Weil Gotshal & Manges LLP
  • USA
  • December 14 2018

The U.S. Securities and Exchange Commission recently announced that at its upcoming meeting scheduled for Wednesday, December 19, 2018, it will vote