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February 6, 2018 Management Incentive Plans Under a Microscope

ABI Journal, Vol. XXXVI, No. 12, December 2017

October 23, 2017 Second Circuit Holds Momentive Noteholders May Be Entitled to Market Interest Rate on Replacement Notes, Not Entitled to Make-Whole Premium
Client Memorandum
January 17, 2017 Second Circuit Court of Appeals Overturns Marblegate
Client Memorandum
December 8, 2016 Court Rules Debt-for-Debt Exchange Offer Limited to Institutional Investors Does Not Violate Trust Indenture Act
Client Memorandum
November 28, 2016 Third Circuit Finds Noteholders Have Right to Payment of Make-Whole Premium After Bankruptcy Acceleration
Client Memorandum
March 9, 2015 Fatally Foreign: Extraterritorial Recovery of Affordable Transfers and Principles of Comity in the Madoff Securities SIPA Liquidation Proceeding
Harvard Business Law Review Online, accessed March 8, 2015
February 2, 2015 Trademark Licensees May Be Able to Have Their (Cup)Cake and Eat It, Too
NJ Bankruptcy Court Extends Section 365(n) Protection to Trademark Licensees on Equitable Grounds
The Bankruptcy Strategist, Law Journal Newsletters, Vol. 32, No. 4, February 2015, American Lawyer Media
January 26, 2015 Global Distress Signal
Developments in International and Cross-Border Insolvency
January 8, 2015 The International Insolvency Review

Law Business Research Ltd., 2014

January 1, 2015 Delaware District Court Affirms Bankruptcy Court Ruling that Private Equity Fund is not Liable for WARN Act Liability of Its Portfolio Company
VC Experts
November 20, 2014 Insolvency and Restructuring Update: Suntech Ruling Provides a Roadmap for Chapter 15 Eligibility
Client Memorandum
November 18, 2014 In re Crumbs Bake Shop ─ Trademark Licensees May Be Able to Have Their (Cup)Cake And Eat It, Too
Client Memorandum
October 21, 2014 Delaware District Court Affirms Bankruptcy Court Ruling that Private Equity Fund Is Not Liable for WARN Act Liability of Its Portfolio Company
Client Newsletter
October 7, 2014 Momentive Ruling Highlights Risks to Senior Creditors Under Intercreditor Agreements
Client Memorandum
September 3, 2014 Momentive Ruling May Pave the Road for Below-Market “Takeback Paper” Cramdowns of Secured Creditors
Client Memorandum
March 18, 2014 Significant Issues for Fraudulent Transfer Actions
Webcast: The Knowledge Group
January 22, 2014 Insolvency and Restructuring Update
Client Newsletter
November 20, 2013 ResCap Court Holds That Debt Issued in Fair Value Exchanges Will Not be Discounted for OID in Bankruptcy
Insolvency and Restructuring Update
November 1, 2013 Bondholders Encounter Unexpected Turbulence
American Bankruptcy Institute Journal
September 25, 2013 Tribune State-Law Fraudulent Conveyance Litigation Update
Client Memorandum
April 15, 2013 Southern District of New York Dismisses Insider Preference Claims Against Affiliates of Goldman Sachs
Client Memorandum
February 12, 2013 Can Selfish Be Substantial? The Role of Motivation in Substantial Contribution Claim Standards
Client Memorandum
July 16, 2012 Sunbeam Products – Offering a Ray of Light for Trademark Licensees When Licensors File for Bankruptcy
Client Memorandum
June 25, 2012 Vitro’s Mexican Plan of Reorganization Denied Comity in the U.S.
Insolvency and Restructuring Update
January 3, 2012 The Law of Unintended Consequences: Competing Plans in the Post-BAPCPA World
Client Memorandum

Insolvency and Restructuring Update

October 11, 2011 Lehman Bankruptcy Court Holds Contractual Right to Triangular Setoff Unenforceable In Bankruptcy and Not Protected by Safe Harbors
Client Newsletter
October 6, 2011 Lehman Bankruptcy Court Holds Contractual Right to Triangular Setoff Unenforceable in Bankruptcy and Not Protected by Safe Harbors
Business Law Currents
Thomson Reuters
September 20, 2011 Second Washington Mutual Plan Confirmation Denial May Have Significant Impact on Claims Trading and Plan Negotiation
Insolvency and Restructuring Update
July 22, 2011 The Logic and Limits of Credit Bidding by Secured Creditors Under the Bankruptcy Code
Lawrence P. King and Charles Seligson Workshop on Bankruptcy and Business Reorganizaiton
American Bankruptcy Institute / New York University School of Law
June 29, 2011 Seventh Circuit Delivers a Major Win for Secured Creditors; Holds that Secured Creditors Cannot be Denied Right to Credit Bid in a Sale Under a Plan
Insolvency and Restructuring Update
June 27, 2011 Stern v. Marshall – Supreme Court Limits the Power of Bankruptcy Courts to Hear Certain State Law Claims Brought by Debtors Against Creditors
Insolvency and Restructuring Update
May 1, 2011 Third Circuit Finds DCF Analysis is "Commercially Reasonable Determinant of Value"
On the Edge
ABI Journal Vol. XXX, No. 4, May 2011
February 22, 2011 In re American Home Mortgage Holdings, Inc.
Insolvency and Restructuring Update
February 14, 2011 TOUSA, Inc. – District Court Quashes Infamous Fraudulent Transfer Decision
Client Newsletter

Insolvency and Restructuring Update

December 14, 2010 Delaware Court Protects Lenders from Fraudulent Transfer Suit For Payments Made and Collateral Granted on Account of Antecedent Debt
Insolvency and Restructuring Update
December 13, 2010 Delaware Court 'Champions' Per Se Rule for Constructive Fraudulent Transfers
American Bankruptcy Institute Journal
October 1, 2010 Contractually Amendable Retiree Health and Welfare Benefits
Third Circuit Prevents Plan Sponsor from Terminating
The Bankruptcy Strategist, Vol. 27, No.12
June 21, 2010 In re Exide Technologies: A Ray of Hope for Trademark Licensees When Licensors File for Bankruptcy?
Client Memorandum
June 16, 2010 Standing Committee Approves Major Changes to Bankruptcy Disclosure Rule
Insolvency and Restructuring Update
April 1, 2010 Breaking Up (and Getting Paid) Is Hard to Do
American Bankruptcy Institute Journal
January 25, 2010 Insolvency and Restructuring Update
Significant Decision in Six Flags Chapter 11 Case
December 1, 2009 Insolvency and Restructuring Update
Important Recent Decision Upholding Waivers of Rights by Second Lien Lenders in an Intercreditor Agreement
November 17, 2009 Insolvency and Restructuring Update
Client Newsletter
October 15, 2009 Insolvency and Restructuring Update
TOUSA, Inc. - Significant Fraudulent Transfer Decision
October 12, 2009 Insolvency and Restructuring Update
Three Important New Chapter 11 Decisions Affecting Creditors
October 1, 2009 Not So Bankruptcy-Remote SPEs and In re General Growth Properties Inc.
American Bankruptcy Institute Journal
August 18, 2009 Insolvency and Restructuring Update
In re General Growth Properties, Inc.
January 1, 2003 Recent Delaware Decisions May Prove to be ‘Entirely Unfair’ to Minority Shareholders in Parent Merger with Partially Owned Subsidiary
2003 Colum. Bus. L. Rev. 253