We found 1,166 results for "The Bankruptcy Strategist"...
Concurrent Rights Offerings by Chapter 11 Debtors
December 20, 2013
A look at the Section 1145 exemption in relation to a major case.
IP News
November 30, 2013
New Patent Litigation Reform Bills Introduced <br>U.S. Supreme Court Hears Oral Argument on Burden Of Proof for Licensee-DJ Plaintiff<br>A Split Federal Circuit Denies En Banc Rehearing In Case Involving Finality Of a Judicial Decision<br>Federal Circuit Explains Exhaustion of Method Patents
Prepayment Premiums and Make-Whole Payments
November 25, 2013
Part Two of an in-depth analysis begun last month.
Involuntary Bankruptcy Standard
November 25, 2013
A judgment creditor that is considering filing an involuntary bankruptcy petition against a debtor should consult venue-specific controlling law if the debtor has appealed the judgment. Depending on the jurisdiction, the debtor's appeal may or may not be a factor for the bankruptcy court to consider in determining whether the creditor's claim meets the involuntary petition requirements of the Bankruptcy Code. '
In What State Is the Harm Felt When a Derivative Suit Is Pursued By Creditors?
November 25, 2013
Can a trustee of a litigation trust created under a plan sue in a U.S. bankruptcy court the directors and officers of a non-debtor Canadian parent, when many of the defendant D&Os had rarely set foot in the forum state?
Seventh Circuit Reverses 'Inconsistent' District Court Fraudulent Transfer and Equitable Subordination Ruling
October 28, 2013
An in-depth analysis of the Seventh Circuit's ruling in <I>In re Sentinel Management Group, Inc.</I>
Prepayment Premiums and Make-Whole Payments
October 28, 2013
In the bankruptcy context, a prepayment premium will rarely be triggered by the debtor's voluntary prepayment of debt. Here's why.
Recharacterization: The Debate
October 28, 2013
Historically, courts were divided as to whether bankruptcy courts had the power to recharacterize purported debt as equity. That debate has essentially ended and the general consensus is that bankruptcy courts can do so.
Dip in Bankruptcies Forces Firms to Trim Ranks
September 30, 2013
A slowdown in Chapter 11 bankruptcy filings has led law firms to trim their ranks and steer bankruptcy attorneys into other areas.
Anti-Assignment Clause?
September 26, 2013
The Third Circuit recently reaffirmed the policy underlying anti-assignment provisions in connection with bankruptcy cases, and the extent of bankruptcy courts' jurisdiction after closure of a case.
MOST POPULAR STORIES
- Law Firms and the Rise of HospitalityThe law firm office cannot remain unchanged, as if frozen in time set to some date prior to the onset of pandemic, when the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.Read More ›
- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›