Features
Make-Whole Mayhem
<i><b>Uncertain Treatment of Make-Whole Premiums Upon Bankruptcy-Induced Acceleration and Redemption of Indentures</b></i><p>Recently, tempted by attractive interest rates, certain borrowers have sought to use the bankruptcy process to shield themselves from their obligations to pay make-whole premiums contemplated by their indenture documents. Although certain courts have allowed crafty borrowers to shed unwanted make-whole obligations through the bankruptcy process, other courts refuse to sanction such manipulation.
Features
Avoiding the Hazards of Acquisition: Due Diligence in the Merger or Acquisition of a Product Manufacturer
As corporations continue to reshape at a rapid rate, due diligence groundwork concerning product liability issues can be critically important. This article addresses how deals can be structured, and the areas that need to be explored, when evaluating a potential deal from the perspective of product liability.
Features
The 'Panama Papers' and You<br><font size="-1"><b><i>Part Two of a Two-Part Article</b></i></font>
Last month, the authors began a discussion of the legal consequences of the release of the so-called "Panama Papers," a trove of more than 11.5 million documents a whistleblower gave to a reporter at the German newspaper Süddeutsche Zeitung (SZ) in Spring 2016. The authors conclude their analysis herein.
Features
The 'Death Spiral' of Malls
It's impossible not to notice the vacancies when walking into a shopping mall in the United States. To stem the tide, certain mall owners in high-profile bankruptcy cases have addressed the retail bankruptcy trend in a unique and (virtually) unprecedented way.
Features
Split Ninth Circuit Requires Default Interest To Cure Default
A Chapter 11 debtor "cannot nullify a preexisting obligation in a loan agreement to pay post-default interest solely by proposing a cure," held a split panel of the U.S. Court of Appeals for the Ninth Circuit on Nov. 4, 2016.
Features
The Battle over the Scope of Rule 17(c) Subpoenas<br><font size="-1"><b><i>Part One of a Two-Part Article</b></i></font>
White-collar prosecutions often turn on the paper trail. But the playing field is not level — not even close.
Features
Off-Label Promotion and Product Liability Considerations
An update on the current regulatory landscape in the off-label promotional area and also review potential liability risks for companies to consider, and recommendations to reduce these risks.
Features
Post-Confirmation Jurisdictional Shrinkage
Although Congress has not expressly addressed when and under what circumstances bankruptcy jurisdiction ends, most courts agree that a bankruptcy court's jurisdiction "shrinks" after confirmation of a plan. This article discusses the factors that courts take into consideration in determining the extent of the post-confirmation jurisdictional shrinkage.
Features
<i>Forest Capital</i><br><i><font size="-1">Is It a Case of UCC Article 8 Versus 9?</i></font>
Institutions that maintain and manage securities accounts for businesses and other customers perform a critical function for the securities and lending…
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