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41 results found

Article

Kramer Levin Naftalis & Frankel LLP | USA | 16 Aug 2016

Trust Indenture Act Litigation by Plaintiff Firms May Interfere With Out-of-Court Restructurings

Several recent cases in the United States District Court for the Southern District of New York have created ambiguity about when distressed exchange

Article

Kramer Levin Naftalis & Frankel LLP | USA | 9 Jan 2014

The ABCs of Chapter 15 -- Third Circuit upholds broad scope of recognition in cross-border cases

Looking at global economics, cross-border restructurings are predicted to be a larger focus in the United States in 2014 as U.S. affiliates or assets

Article

Kramer Levin Naftalis & Frankel LLP | USA | 14 Oct 2011

Eighth Circuit narrowly interprets attornment in rejected sublease, allows Green Tree to leave

It is not uncommon for complex commercial real estate transactions to involve numerous parties and investors and overlaying agreements.

Article

Kramer Levin Naftalis & Frankel LLP | USA | 22 Sep 2011

Seventh Circuit takes the long view in defining insider status for preference actions

In the recent case of In re Longview Aluminum, L.L.C., 10-2780, 2011 WL 3966152 (7th Cir. Sept. 2, 2011), the Seventh Circuit considered a case in which an LLC debtor (“Longview”) brought an adversary proceeding to set aside and recover payments made less than a year before its bankruptcy filing to Dominic Forte, one of Longview's members.

Article

Kramer Levin Naftalis & Frankel LLP | USA | 10 Aug 2011

Flamingo court holds joint venturer can't feather claims nest

On July 25, 2011, the United States Court of Appeals for the Ninth Circuit in In re Flamingo 55, Inc., No. 10-15755, 2011 U.S. App. Lexis 15285 (9th Cir. July 25, 2011), held that a creditor who is a joint borrower rather than a surety, guarantor, or accommodation co-maker, was not entitled to subrogation under 11 U.S.C. 509(a).

Article

Kramer Levin Naftalis & Frankel LLP | USA | 3 Aug 2011

Post-confirmation litigation the devil is in the disclosure statement

It is common for litigation to be brought post-confirmation as part of a debtor’s reorganization or wind down.

Article

Kramer Levin Naftalis & Frankel LLP | USA | 1 Aug 2011

Preservation duties may extend to unallocated space on computer hard drives: Genger v. TR Investors, LLC, et al.

The recent decision by the Delaware Supreme Court in Genger v. TR Investors, LLC, et al., No. 592, 2010, 2011 WL 2802832 (Del. Jul. 18, 2011), highlights the increasing level of sophistication with respect to identifying and preserving electronically stored information ("ESI") that parties embroiled in litigation are expected to achieve.

Article

Kramer Levin Naftalis & Frankel LLP | USA | 28 Jul 2010

Spotlight on the judiciary: Judge Frank Maas

"Spotlight on the Judiciary" highlights the body of work of a judge who has made a significant impact on the development of e-discovery law.

Article

Kramer Levin Naftalis & Frankel LLP | USA | 5 Jun 2009

Fourth Circuit holds that investment adviser and public company parent may face federal securities law liability for false statements in mutual fund’s prospectus; discusses test for attribution requirement

The federal courts have recently addressed two related liability questions under Section 10(b) of the Securities Exchange Act and SEC Rule 10b-5: first, what exactly constitutes the "making" of a purported misstatement for purposes of those provisions; and second, to what extent can a party be held responsible for a statement not explicitly attributed to it?

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