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LJN Newsletters

  • Uncertain Treatment of Make-Whole Premiums Upon Bankruptcy-Induced Acceleration and Redemption of Indentures

    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.

    February 01, 2017Jeffrey R. Gleit and Nathaniel R.B. Koslof
  • Did you know that your employment practices could violate antitrust law? This is the message to be gleaned from joint guidance recently issued by the Federal Trade Commission and the Department of Justice Antitrust Division.

    February 01, 2017Robert G. Brody and Alexander Friedman
  • 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.

    February 01, 2017Stanley S. Arkin and Robert C. Angelillo
  • For many CMOs, the top priority for 2017 will be review marketing. Many law firms are still coming to grips with the reality that client reviews about them are online everywhere. But now, a turning point has been reached so that they can no longer be ignored.

    February 01, 2017Larry Bodine
  • 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.

    February 01, 2017Eric S. Chafetz
  • 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.

    February 01, 2017Michael L. Cook