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23 results found

Article

Cadwalader Wickersham & Taft LLP | USA | 22 Nov 2013

Chancery Court takes firm stance on seller’s pre-closing privileged communication

A recent Delaware Chancery Court opinion highlights the risk to sellers and their advisors that pre-closing communications could become evidence in a

Article

Cadwalader Wickersham & Taft LLP | USA | 18 Apr 2013

Tempting fate: two recent federal decisions apply fairness test to protect attorney-client privilege in face of extrajudicial disclosures

On February 25 and March 26, 2013, two federal district courts refused to find a broad waiver of the attorney-client privilege in the face of

Article

Cadwalader Wickersham & Taft LLP | USA | 13 Aug 2010

Set-off as an affirmative defense: an inherent claim against the estate?

Two decades ago, the Supreme Court tackled the issue of whether a third party had submitted itself to jurisdiction of the bankruptcy court.

Article

Cadwalader Wickersham & Taft LLP | USA | 27 Jul 2010

Insurance reforms under the Dodd-Frank Wall Street Reform and Consumer Protection Act

On July 15, 2010, the Senate voted in favor of adopting the Dodd-Frank Wall Street Reform andConsumer Protection Act (the "Act").

Article

Cadwalader Wickersham & Taft LLP | USA | 6 May 2010

Lehman bankruptcy court rules safe harbors do not override setoff mutuality requirement

On May 5, 2009, Judge James Peck, the Bankruptcy Judge in the Lehman Brothers bankruptcy cases, held that the safe harbor provisions of the Bankruptcy Code do not override the mutuality requirements for setoff under section 553(a) of the Bankruptcy Code.

Article

Cadwalader Wickersham & Taft LLP | USA | 15 Apr 2010

ION Media: second-lien lenders beware

Despite the prevalence of first-liensecondlien structures in the loan market over the course of the recently-ended leveraged transaction cycle, fully-litigated cases interpreting the provisions of first-liensecond-lien intercreditor agreements remain something of a rarity.

Article

Cadwalader Wickersham & Taft LLP | USA | 5 Feb 2009

Legislation affecting the REMIC status of existing mortgage securitization transactions

An amendment (the “Amendment”) was introduced in the U.S. Senate yesterday to the American Recovery and Reinvestment Act of 2009 (the “Economic Stimulus Bill”) that requires your immediate attention.

Article

Cadwalader Wickersham & Taft LLP | USA | 30 Sep 2008

Court enforces pre-petition waiver of automatic stay

In In re Bryan Road LLC, the United States Bankruptcy Court for the Southern District of Florida considered whether a waiver of the automatic stay provision included in a prepetition workout agreement is enforceable in the debtor’s subsequent bankruptcy.

Article

Cadwalader Wickersham & Taft LLP | USA | 30 Jun 2008

Breach of fiduciary duty claims dismissed, but conduct might still support equitable subordination or recharacterization

In Mukamal v. Bakes, the trustee of two trusts created under a chapter 11 plan of reorganization filed a complaint (the “Complaint”) against the former directors and officers of the debtors, the dominant shareholders of the debtors and the debtors’ accounting firm, alleging, among other things, various breaches of fiduciary duties.

Article

Cadwalader Wickersham & Taft LLP | USA | 21 Sep 2007

Right to vote claim of subordinated creditor is enforced in bankruptcy

While derivations of intercreditor agreements continue to enhance the rights of the senior secured party, whether the many provisions provided for are enforceable in bankruptcy remains a burning question.

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