In a recent decision issued in the Lehman Brothers Inc. SIPA proceeding in the Southern District of New York, In re Lehman Brothers Inc., Case No. 08-01420 (JMP) (SIPA), slip op. (Bankr. ...
Articles & Books
The Harvard Law School Forum on Corporate Governance and Financial Regulation
On September 13, 2011, Judge Mary Walrath of the United States Bankruptcy Court for the District of Delaware surprised many parties in interest and observers of the case by issuing an opi...
Section 7 of the Clayton Act, enacted in 1914 and amended in 1950, is the principal US antitrust statute governing mergers and acquisitions. Section 7 prohibits acquisitions of assets or ...
Existing supervisors, as well as the new institutions that the Dodd-Frank Act created, collect and aggregate an unprecedented amount of commercially sensitive financial information. Altho...
Articles & Books
NYU Law Lawrence P. King and Charles Seligson Workshop on Bankruptcy and Business Reorganization
Counterparties to repurchase agreements and other contracts protected under the safe-harbor provisions the Bankruptcy Code have something new to worry about: the possible undervaluation o...
The era of the non-consensual “gift plan” may be over. The Third U.S. Circuit Court of Appeals dealt a blow to the practice in 2005 in In re Armstrong World Indus., Inc., 432 F.3d 507...