Several recent cases in the United States District Court for the Southern District of New York have created ambiguity about when distressed exchange
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
It is not uncommon for complex commercial real estate transactions to involve numerous parties and investors and overlaying agreements.
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.
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).
It is common for litigation to be brought post-confirmation as part of a debtor’s reorganization or wind down.
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.
"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.
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?