On October 18th, the SEC proposed rules to implement Section 951 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (codified as new Section 14A of the Securities Exchange A...

On July 13, 2010, in a controversial decision, the U.S. Court of Appeals for the Third Circuit ruled that a debtor must comply with the stringent procedural and substantive requirements o...

The Group of Thirty (“G30”), an organization of preeminent global finance leaders, released a report this week entitled Enhancing Financial Stability and Resilience: Macroprudential P...

Table of Contents Return of Gleneagles Fraudulent Transfer Litigation Recent Developments Regarding Examiners

The new Dodd-Frank Wall Street Reform and Consumer Protection Act includes a provision, added in the midst of conference committee negotiations, requiring public companies to seek shareho...

In a recently published decision, In re DBSD North America Inc., 421 B.R. 133 (Bankr. S.D.N.Y. 2009), Hon. Robert E. Gerber of the U.S. Bankruptcy Court for the Southern District of New Y...

On May 26, 2010, the SEC proposed to require FINRA and the SROs to adopt a plan for the development, implementation and maintenance of a consolidated audit trail for the listed equities a...

This article examines whether a debtor in possession (DIP) may unilaterally settle estate causes of action brought by a creditors’ committee where the committee was previously granted s...

The swift and unexpected collapse of Lehman Brothers revealed serious shortcomings in the traditional prime brokerage model. Lehman Brothers’ prime brokerage clients faced considerable ...

The ability of creditors in bankruptcy to seek the “substantive consolidation” of the assets and liabilities of affiliated entities has been recognized for more than sixty years, even...