Document(s) published by this organization: 352
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|DIP Lender's Knowledge of Adverse Claim to Collateral Scuttles Mootness Bar to Appeal of Financing Order Based on "Good Faith"|
Mark G. Douglas, Paul M. Green, Thomas A. Howley; Jones Day;
December 16, 2014, previously published on November/December 2014The Bankruptcy Code provides certain protections to buyers of bankruptcy estate assets and to entities that extend credit or financing to a trustee or chapter 11 debtor-in-possession ("DIP"). However, these safe harbors are available only if a buyer or lender is deemed to have acted in...
|First PTAB Decisions in Derivation Proceedings|
Michael J. Bruner, Erin C. Dickerman, Thomas E. Friebel; Jones Day;
December 16, 2014, previously published on December 2014The America Invents Act ("AIA") eliminated interference proceedings for applications having a claim with an effective filing date on or after March 16, 2013, and created derivation proceedings for those applications.
|Luxembourg Leaks: Potential Risks to Companies Whose Luxembourg Tax Rulings Have Been Released to the Public|
Lodewijk P.W. Berger, Thomas Jestaedt, Scott M. Levine, Howard M. Liebman, Raymond J. Wiacek; Jones Day;
December 16, 2014, previously published on November 2014This week, the so-called "International Consortium of Investigative Journalists" ("ICIJ"), on its website, leaked a total of 548 tax rulings that multinational companies obtained in Luxembourg in the period from 2002 to 2010.
|What Next for KTB Investors?|
Rona C. MacRae, Lucas J. Moore, Harriet Territt, Sylvia Tonova, Baiju S. Vasani; Jones Day;
December 16, 2014, previously published on December 2014As the sun set on Thursday 6 November 2014, so too disappeared the last rays of hope for Corporate Commercial Bank ("KTB"). One of Bulgaria's smallest banks in the early 2000s, KTB has since expanded rapidly to become its fourth largest lender, only to have its licence withdrawn. The...
|New York Puts Assets in Foreign Bank Branches Beyond the Reach of Judgment Creditors|
Lee A. Armstrong, Sevan Ogulluk; Jones Day;
December 16, 2014, previously published on November 2014Two weeks ago, the New York Court of Appeals issued a decision of great importance to global financial institutions. For the first time, the state's highest court confirmed that New York common law prevents a court from freezing a civil judgment debtor's assets held in foreign bank accounts....
|Parliament Green Lights Deregulation of Italian Commercial Property Leases|
Francesca Tresoldi, Matteo Troni; Jones Day;
December 16, 2014, previously published on November 2014Effective November 12, 2014, the Italian Parliament has approved with amendments Law Decree no. 133/2014 ("Sblocca Italia"), through the enactment of Conversion Law no. 164/2014 (the "Conversion Law").
|Nine Lessons From Detroit's Chapter 9 Case|
Corinne Ball, Bruce Bennett, Beth Heifetz, Heather Lennox, Evan Miller; Jones Day;
December 16, 2014, previously published on November 2014On November 7, 2014, Judge Steven Rhodes, the judge presiding over the City of Detroit's bankruptcy case, announced that he would confirm the City's proposed Plan of Adjustment (the "Plan"), including the creditor settlements contained within that Plan. A more detailed written opinion...
|Enforcement of Covenants Not to Compete in Pennsylvania When the Employer Terminates the Employment Relationship|
Jeffrey J. Bresch, Rebekah Byers Kcehowski, Katelyn M. Matscherz; Jones Day;
December 16, 2014, previously published on December 2014Will Pennsylvania courts enforce a restrictive covenant against a terminated employee? In short, assuming the termination is not wrongful, Pennsylvania courts may enforce the restrictive covenant notwithstanding the employee's termination under certain circumstances. Insulation Corp. of Am. v....
|New Chilean Insolvency Law Promotes Reorganizations|
Mark G. Douglas; Jones Day;
December 16, 2014, previously published on November/December 2014A new insolvency law was approved by the Chilean Congress at the end of 2013 and became effective in October 2014. The legislation substantially overhauls Chile's prior insolvency law, particularly with respect to business insolvency cases. It incorporates a number of provisions that permit the...
|The UK Court of Appeal Orders a Retrial in Landmark Keyword Advertising Case|
Indradeep Bhattacharya, Alastair J. McCulloch; Jones Day;
December 16, 2014, previously published on November 2014The UK Court of Appeal ("CA") has unanimously overturned the first instance finding of infringement in Interflora v Marks & Spencer and has ordered a retrial. The CA's decision to order a retrial is unusual, although it is most likely a function of the unique circumstances surrounding...