Recently, a Colorado bankruptcy court considered the effects of Bankruptcy Code ' 552(a) on a lender's security interest in the proceeds of an FCC broadcast license.
April 25, 2011Thomas F. Blakemore and Gregory A. Martin
A split among bankruptcy courts has called into question whether supply contracts for commodities such as hogs, electricity and gas will receive the same protection that has been extended to swaps and other financial contracts under ' 546 of the Bankruptcy Code.
April 25, 2011Yitzhak GreenbergThe Bankruptcy Court for the Southern District of New York's recent decision in In re Chemtura Corp examines the treatment of "make-whole" and "no-call" provisions in bankruptcy proceedings in the context of a settlement of such claims pursuant to a plan or reorganization.
April 25, 2011Edward E. Neiger and Marianna UdemAfter a week of criticism from gay-rights groups, King & Spalding reversed itself on April 25 and asked to withdraw as counsel in charge of defending the federal Defense of Marriage Act.
April 25, 2011David IngramAfter a week of criticism from gay-rights groups, King & Spalding reversed itself on April 25 and asked to withdraw as counsel in charge of defending the federal Defense of Marriage Act.
April 25, 2011David IngramIn the legal world, the role of social media has become more prevalent in the last five years. Attorneys and their clients are grappling with how this emerging technology will affect their cases.
April 24, 2011Michael C. Lynch and Lystra BatchooAs detailed in a recent ruling, the duty to preserve attaches whenever a party reasonably anticipates litigation. However, there are other scenarios that have less clear-cut answers.
April 24, 2011Scott L. Vernick and Matthew S. OleshIn its recent unanimous decision in Staub v. Proctor Hospital, the U.S. Supreme Court both recognized the concept of "cat's paw" liability in employment discrimination cases ' and sharpened its claws.
April 24, 2011Stacey L. Smiricky and Theresa M. Van VurenAll General Counsel should reach for their calendars now and circle July 1. That's the date when the new UK Bribery Act will take effect. The Act has extra-territorial reach and will impact almost every corporation doing business internationally.
April 24, 2011Jonathan P. ArmstrongThe Airgas decision confirms the previous 25 years of Delaware case law upholding the use and maintenance of poison pills by independent boards acting in good faithin response to legitimate threats posed by hostile bidders.
April 24, 2011Paul S. Ware