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Results: 1-10 of 140

Not a Time for Second Thoughts: EDNY Holds Settlement Approval Stage Is No Escape Route
  • Dechert LLP
  • USA
  • September 11 2017

U.S. Bankruptcy Rule 9019 provides that on a motion brought by a trustee (and thus a chapter 11 debtor-in-possession as well) the court may approve a


Claims under repurchase transactions do not qualify as customers’ claims in broker-dealers’ liquidation
  • Dechert LLP
  • USA
  • June 28 2013

Judge James M. Peck of the Bankruptcy Court for the Southern District of New York held, on June 25, 2013 (the “Lehman Op.”), that claims under


Bankruptcy court limits applicability of section 546(e) Securities safe harbor to public securities
  • Dechert LLP
  • USA
  • May 2 2011

Section 546(e) of the Bankruptcy Code provides a “safe-harbor” for certain transfers involving the purchase or sale of securities and protects those transfers from avoidance as constructive fraudulent transfers or preferences


Substantive Consolidation: It’s Alive and Well (or Maybe Just Alive)
  • Dechert LLP
  • USA
  • February 9 2017

The doctrine of substantive consolidation (generally- the power of a bankruptcy court to consolidate the assets and liabilities of affiliated entities


United States: D&O Insurance Policies - a cautionary tale: the Peril of Prior Act Exclusion
  • Dechert LLP
  • USA
  • July 7 2017

Directors and officers (D&Os) of troubled companies should be highly sensitive to D&O insurance policies with Prior Act Exclusion. While policies with


Pennsylvania Supreme Court limits the applicability of the in pari delicto defense
  • Dechert LLP
  • USA
  • July 14 2010

In pari delicto is a common law defense against liability in circumstances where the culpability of the plaintiff is at least as great as the culpability of the defendant


Landlord victory as CVA fails to release guarantee
  • Dechert LLP
  • United Kingdom
  • November 5 2010

The High Court has struck down a company voluntary arrangement on the ground that it unfairly prejudiced a landlord who was to lose the benefit of a guarantee given by the tenant's parent company


Recent developments in acquisition finance
  • Dechert LLP
  • USA
  • October 7 2015

When a portfolio company underperforms, a sponsor may consider various options to address the perceived performance issues, including changes to a


Litigation Funder Communications Protected by the Attorney-Client Privilege and Work Product Doctrine
  • Dechert LLP
  • USA
  • June 8 2016

Addressing a novel issue in In re: International Oil Trading Company, LLC, 548 B.R. 825 (Bankr. S.D. Fla. 2016), the United States Bankruptcy Court


Substantive Consolidation of Non-Debtors-Standing and Notice Issues
  • Dechert LLP
  • USA
  • May 30 2017

U.S. courts generally agree that the substantive consolidation should be applied sparingly, and even more so when substantive consolidation of debtors