A recent Delaware Chancery Court opinion highlights the risk to sellers and their advisors that pre-closing communications could become evidence in a
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
Two decades ago, the Supreme Court tackled the issue of whether a third party had submitted itself to jurisdiction of the bankruptcy court.
On July 15, 2010, the Senate voted in favor of adopting the Dodd-Frank Wall Street Reform andConsumer Protection Act (the "Act").
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.
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.
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.
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.
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.
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.