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We found 1,166 results for "The Bankruptcy Strategist"...

On the Move
November 21, 2008
Who's doing what; who's going where.
Health-Care Cases
November 21, 2008
In Part One of this article, the authors discussed the issues of whether the Debtor is a "health-care business," if an ombudsman must be appointed, and if you should seek to prevent it. This month, the authors discuss the question, "What if HHS seeks to affect Medicare reimbursements or exclude the Debtor from a federal health-care program?
Agreements for Future Relief from Automatic Stay
November 21, 2008
The question, "Can we get them to agree not to file bankruptcy in the future?" must be near the top of the list of things clients most commonly ask their transactions and workout lawyers. How, then, to best answer the client's next question: "OK, when is it enforceable and when is it not enforceable?"
Clear Channel Muddies the Waters of ' 363(m) Mootness Protection
November 21, 2008
The Ninth Circuit BAP's recent opinion in <i>Clear Channel v. Knupfer</i>, 391 B.R. 25 (B.A.P. 9th Cir. 2008), threatens the sanctity of the mootness rule under Bankruptcy Code ' 363(m). Here's why.
On Shaky Ground: The (Near) Future of Patents After Bilski
November 21, 2008
This article explains some of the key problems in the Federal Circuit's <i>In re Bilski</i> decision and discusses the potential impacts of the decision and strategies to deal with these impacts.
On the Move
October 28, 2008
Who's doing what; who's going where.
Health-Care Cases
October 28, 2008
Health'care-industry bankruptcy cases are unique in complexity and sensitivity. As such, health-care bankruptcy cases are financially and legally multifaceted, and may contain political dynamics often unseen in other types of bankruptcies.
Is Anyone Safe?
October 28, 2008
While an attorney may believe he is fulfilling his professional duty by assisting a corporate client in effectuating a financial transaction, if such transaction is ultimately found to be a fraudulent transfer or a breach of the fiduciary duties of one or more of the corporate client's principals, the attorney who counseled the client on such transaction could find him- or herself liable for aiding and abetting a deepening insolvency.
The 547(c)(4) New Value Defense: Paid or Unpaid
October 28, 2008
It will come as no surprise that there is a long-standing split of authorities among the courts concerning whether or not subsequent new value must remain unpaid for the purposes of ' 547(c)(4). This article discusses where the courts stand today.
The Pluses and Minuses of Voluntary Mediation Sessions
September 29, 2008
More and more courts and legislatures are turning to mediation. This article concerns itself with the voluntary nature of these mediation sessions.

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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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