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Going Once, Going Twice: Avoiding a Prepetition Foreclosure Sale in Chapter 11
  • Weil Gotshal & Manges LLP
  • USA
  • October 22 2018

Among the many protections afforded creditors under the Bankruptcy Code is the estate’s ability to avoid transfers made before the petition date that

Stern Challenge to Third-Party Plan Releases Fails in Delaware
  • Patterson Belknap Webb & Tyler LLP
  • USA
  • October 5 2018

In hindsight, it seems inevitable that constitutional and other jurisdictional problems would arise when Congress, in enacting the Bankruptcy Reform

The Economic Substance Doctrine: A U.S. Anti-Abuse Rule
  • Ruchelman PLLC
  • USA
  • March 5 2018

Major corporate transactions typically reflect at least two separate elements. One is the business arrangement agreed to by the parties. The other is

Recent Bankruptcy Decision Raises Questions for Trademark Licensees
  • Dickinson Wright
  • USA
  • January 30 2018

If you are a licensee under a trademark license, what happens to your license if the licensor winds up in the Bankruptcy Court? A recent United States

Third Circuit Sheds Light on Eligibility for Administrative Priority Under Section 503(b)(9)
  • Arent Fox LLP
  • USA
  • November 27 2017

In deciding whether to afford administrative priority to claims arising from goods shipped shortly before a debtor’s bankruptcy filing, the Third

A Practitioner's Primer on History and Use of the Federal Anti-Kickback Statute
  • Pietragallo Gordon Alfano Bosick & Raspanti LLP
  • USA
  • March 28 2017

When Congress discovered that Great Depression-era employers were scheming to circumvent wage provisions in federal contracts, it enacted the first

Ninth Circuit Dodd-Frank Protects Internal Whistleblowers
  • Proskauer Rose LLP
  • USA
  • March 9 2017

On March 8, 2017, a split three-judge panel of the Ninth Circuit Court of Appeals affirmed a Northern District of California decision declining to

The “D” in the ADA Still Exists, Court of Appeals Reminds Us
  • Jackson Lewis PC
  • USA
  • February 27 2017

In 2009, Congress passed the Americans With Disabilities Amendments Act (ADAAA), unquestionably expanding the definition of a disability under the ADA

Class Dismissed? New House Bill Could Transform Federal Class Action Law
  • Crowell & Moring LLP
  • USA
  • February 21 2017

Just a week before Congress began its first extended recess of 2017, the Chairman of the House Judiciary Committee took a step towards dramatically

SCOTUS Denies Review of Third Circuit’s Rejection of FAA Preemption of State Law Products Liability Claims
  • Holland & Knight LLP
  • USA
  • December 16 2016

The U.S. Supreme Court recently denied a petition for certiorari review of the Third Circuit Court of Appeal's decision in AVCO Corporation v