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Bankruptcy and corporate restructurings continue to be active despite generally strong U.S. financial markets and broader macroeconomic conditions. Below is a brief overview of three recent and noteworthy bankruptcy decisions within the Third Circuit.
The U.S. Bankruptcy Court for the District of Delaware recently denied debtor Exide Technologies' motion to reduce the maximum quarterly fees it is required to pay to the Office of the United States Trustee (U.S. Trustee). In re Exide Technologies, Case No. 13-11482 (Bankr. D. Del. Jan. 9, 2020).
Congress amended the quarterly fee statute in October 2017 so that a fee increase would take effect on Jan. 1, 2018. The amendment increased the maximum quarterly fees for Chapter 11 debtors making quarterly disbursements of over $1 million from $30,000 to $250,000. In Exide's case, its quarterly fees increased by approximately 800%.
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The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.