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McGuireWoods LLP | USA | 28 Nov 2018

Courts Deal With Standing to Assert Privilege and Work Product Protections

When a privilege owner shares protected documents with third parties without waiving the protections, who must or can protect those documents from


McGuireWoods LLP | USA | 15 Mar 2018

Supreme Court Again Rejects Sixth Circuit Finding of Lifetime Retiree Medical Benefits

Three years ago, in M&G Polymers USA, LLC v. Tackett, the Supreme Court unanimously vacated a ruling by the Sixth Circuit Court of Appeals that a


McGuireWoods LLP | USA | 2 Jan 2018

Recent Cases of Interest to Fiduciaries - January 2018

Conflicting evidence regarding oral instructions given at the time of a conveyance created uncertainty as to whether the conveyance resulted in a


McGuireWoods LLP | USA | 16 Nov 2017

Prepare Now for 2018 Reporting of Foreign-Owned U.S. Disregarded Entities

Late last year, the U.S. Treasury imposed new information reporting obligations on certain foreign-owned U.S. “disregarded” entities that is


McGuireWoods LLP | USA | 6 Sep 2017

The Yates Memo: A Reminder that Executives are Vulnerable Too

The 2015 Yates Memo continues to impact federal prosecutions as the Department of Justice continues to seek accountability from individuals


McGuireWoods LLP | USA | 16 Dec 2016

Companies Challenge CFPB’s Authority to Issue Civil Investigative Demands

As any company that has received a civil investigative demand (CID) from the Consumer Financial Protection Bureau (CFPB) knows, the Bureau's authority


McGuireWoods LLP | USA | 26 Jul 2016

NLRB’s Latest “Perfectly Clear” Successor Decision Creates Pitfalls for Buyers of Unionized Operations

On July 18, 2016, the Board issued a split decision (Member Miscimarra dissenting) in Nexeo Solutions, LLC, 364 NLRB No. 44, in which it found that


McGuireWoods LLP | USA | 7 Jun 2016

Delaware Court Voids LLC Agreement Provision Giving Creditor Veto Over Bankruptcy

A Delaware bankruptcy court has joined what appears to be a recent trend toward invalidating limited liability company operating agreement provisions


McGuireWoods LLP | USA | 18 Apr 2016

Bankruptcy Court Chips Away at Bankruptcy Remoteness of Special Purpose Vehicles

A Chicago bankruptcy court declined to dismiss the Chapter 11 case of a "bankruptcy remote" limited liability company even though the debtor failed


McGuireWoods LLP | USA | 30 May 2014

2014 Virginia legislation affecting real estate industry

During the 2014 session of the Virginia General Assembly, several bills of interest to the real estate industry were passed and subsequently signed

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