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HTMLVermont Doubles Down: Representative Testifies Before Congress Against Federal GMO Labeling Bill
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
December 19, 2014, previously published on December 15, 2014
As we’ve explored in past posts, Congress is currently considering a bill that aims to harmonize the patchwork of state efforts at regulating GMO labeling by placing such regulation firmly within FDA’s jurisdiction. Dubbed the Safe and Accurate Food Labeling Act (H.R. 4432), this bill...

 

HTMLNew Jersey Bankruptcy Court Holds that Mortgage was No Longer Enforceable and Borrower was Entitled to a “Free House”
Edward W. Chang, Francis X. Crowley, Kevin C. Rakowski, Wayne Streibich; Blank Rome LLP;
Legal Alert/Article
December 19, 2014, previously published on November 2014
Action Item: In light of this decision, lenders should ensure that foreclosures in New Jersey are filed within six years of the date of default. Failure to file a foreclosure within six years may cause the action to be barred by the statute of limitations.

 

HTMLIn Search of the Meaning of "Unreasonably Small Capital" in Constructively Fraudulent Transfer Avoidance Litigation
Mark G. Douglas, Jane Rue Wittstein; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November/December 2014
The meaning of "unreasonably small capital" in the context of constructively fraudulent transfer avoidance litigation is not spelled out in the Bankruptcy Code. As a result, bankruptcy courts have been called upon to fashion their own definitions of the term. Nonetheless, the courts that...

 

HTMLNine Lessons From Detroit's Chapter 9 Case
Corinne Ball, Bruce Bennett, Beth Heifetz, Heather Lennox, Evan Miller; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November 2014
On 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...

 

HTMLDIP 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;
Legal Alert/Article
December 16, 2014, previously published on November/December 2014
The 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...

 

HTMLNew York Puts Assets in Foreign Bank Branches Beyond the Reach of Judgment Creditors
Lee A. Armstrong, Sevan Ogulluk; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November 2014
Two 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....

 

HTMLNew Chilean Insolvency Law Promotes Reorganizations
Mark G. Douglas; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November/December 2014
A 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...

 

HTMLEnergy Update: Risk and Opportunity Amid Falling Oil Prices
Jonathan M. Fisher, Thomas A. Howley, William Prescott Mills, Omar Samji, Jeffrey A. Schlegel; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on December 2014
The mainstream media have been trying to predict, on almost a daily basis, the causes of, and the winners and losers (mostly focused on the latter category) resulting from, the current volatility in oil and gas prices. Regardless of the cause, as of the end of November 2014, the American price for...

 

HTMLIn Brief: Enforceability of Waivers of the Automatic Stay
Michael J. Cohen; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November/December 2014
An article appearing in the July/August 2014 issue of the Business Restructuring Review discusses a ruling by an Oregon bankruptcy court that held unenforceable a negative covenant in a limited liability company's operating agreement prohibiting the company from filing a bankruptcy petition, among...

 

HTMLVoter's Remorse: Taking Back an Acceptance or Rejection of a Chapter 11 Plan
Mark G. Douglas, Charles M. Oellermann; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November/December 2014
After a creditor or equity security holder casts its vote to accept or reject a chapter 11 plan, the vote can be changed or withdrawn "for cause shown" in accordance with Rule 3018(a) of the Federal Rules of Bankruptcy Procedure ("Rule 3018(a)"). However, "cause" is...

 


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