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Insolvency Law Committee E-Bulletin:
  • Calbar BLS
  • USA
  • January 22 2018

DZ Bank AG Deutsche Zentral-Genossenschaft Bank v. Meyer

Restructuring and insolvency: The position of creditors in Luxembourg
  • NautaDutilh
  • Luxembourg, Global
  • December 15 2017

A structured guide to the position of creditors in relation to restructuring and insolvency in Luxembourg

First Circuit Affirms Dismissal of Fraudulent Transfer and Fiduciary Duty Claims
  • Schulte Roth & Zabel LLP
  • USA
  • December 12 2017

Courts have recently rejected fraudulent transfer and fiduciary duty attacks on transactions undermined by unforeseen events and the “global financial

Commercial Division Declines to Use New York Debtor and Creditor Law to Enjoin a Defendant’s Asset Sale Without Evidence of Inadequate Consideration
  • Patterson Belknap Webb & Tyler LLP
  • USA
  • July 31 2017

In Del Forte USA, Inc. v. Blue Beverage Group, Inc. et al., No. 5184542016, 2017 BL 253248 (Sup. Ct. Jul. 17, 2017), New York Commercial Division

Recent Developments in Acquisition Finance
  • Dechert LLP
  • USA
  • July 17 2017

Basic to any acquisition and its financing are the projections of the target's future performance. These play a key role in setting the price for the

When should a fraudulent conveyance action be brought?
  • Baker McKenzie
  • Canada
  • July 6 2017

In 2014, we reported on the Ontario Superior Court of Justice’s decision in Indcondo Building Corporation v. Sloan (“Indcondo“), which strengthened

Controversial Safe Harbor: Supreme Court to Address Circuit Split of Clawback Protection in Bankruptcy Code
  • Cooley LLP
  • USA
  • July 5 2017

The Supreme Court recently agreed to review the applicability of the safe harbor provision in section 546(e) of the Bankruptcy Code after differing

Good Faith Affirmative Defenses Waiving Attorney-Client Privilege and Work-Product Protection Under the “At Issue” Doctrine
  • Buchanan Ingersoll & Rooney PC
  • USA
  • June 28 2017

On May 8, 2017, the U.S. Bankruptcy Court for the Middle District of Florida entered an order compelling production of attorney-client communications

New Jersey Appellate Division Affirms Dismissal of Plaintiff’s Fraudulent Transfer Claim Against Title Agent and Title Insurance Company
  • Riker Danzig Scherer Hyland & Perretti LLP
  • USA
  • June 27 2017

The Superior Court of New Jersey, Appellate Division, recently affirmed the trial court’s grant of summary judgment dismissing Plaintiff’s complaint

11th Circuit Decision Highlights D&O Policy Selection Dilemma for Financially Distressed Companies
  • Hunton & Williams LLP
  • USA
  • June 20 2017

With the above summation of the factual backdrop, the US Court of Appeals for the Eleventh Circuit recently held that an insurer properly denied