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|Another Round of Deregulation: Opportunities Abound for Business with Cuba|
Saul Reinaldo Newsome; Breazeale, Sachse & Wilson, L.L.P.;
April 27, 2016, previously published on March 2016President Obama is now in Cuba. He is the first president to visit Cuba since Calvin Coolidge, 88 years ago. His trip is the culmination of continued efforts to engage the people of Cuba. Last week, in anticipation of the presdient's trip, the Departments of Commerce and Treasury further eased...
|Optimizing Your Legal Function|
Paul M. Spizzirri; Paul M. Spizzirri;
April 26, 2016, previously published on April 21, 2016This PowerPoint presentation provides an overview of the proactive management of the business legal function.
|Preparing Your Commercial Property For Sale|
Houser Henry Syron LLP;
April 25, 2016, previously published on April 18, 2016Both a real estate lawyer and real estate broker specializing in commercial real estate can be of great assistance in preparing your commercial property for sale. Your real estate lawyer can help identify and resolve potential title and off-title issues before a purchase agreement is executed.
|Firing a Sales Representative? Make Sure to Read Your Commission Agreement First|
Andrew C. Vredenburg, Michael C. Zahrt; Foster, Swift, Collins & Smith, P.C.;
April 18, 2016, previously published on April 6, 2016If you engage the services of a sales representative, it is important to have a comprehensive commission agreement. These agreements often focus on issues that arise while the sales representative is working for the principal, such as when a commission is earned, how quickly commissions are paid,...
|Southern District of New York Bankruptcy Court Rules That Avoidance Powers Apply Extraterritorially|
Mark G. Douglas, Justin Morgan; Jones Day;
April 14, 2016, previously published on March/April 2016Over the past 21 years, two U.S. district court judges in the Southern District of New York have held that the avoidance powers conferred on a bankruptcy trustee or chapter 11 debtor-in-possession under the Bankruptcy Code do not apply to pre-bankruptcy transfers made by a debtor outside the United...
|Chapter 15 Recognition Denied Due to COMI Manipulation Scheme to Evade U.K. Judgment|
Mark G. Douglas, Pedro A. Jiménez; Jones Day;
April 14, 2016, previously published on March/April 2016More than a decade after the enactment of chapter 15 of the Bankruptcy Code, issues pertaining to recognition of a foreign debtor’s bankruptcy or insolvency proceeding under chapter 15 have, in large part, shifted from the purely procedural inquiry (such as the foreign debtor’s center...
|First Impressions: The Sixth Circuit Weighs In on Artificial Impairment Under a Chapter 11 Plan|
Mark G. Douglas, Benjamin Rosenblum; Jones Day;
April 14, 2016, previously published on March/April 2016One of the prerequisites to confirmation of any chapter 11 plan is that at least one “impaired” class of creditors must vote in favor of the plan. This requirement reflects the basic (but not universally accepted) principle that a plan may not be imposed on a dissident body of...
|Sovereign Debt Update|
Mark G. Douglas; Jones Day;
April 14, 2016, previously published on March/April 2016In a historic decision with the potential to end 15 years of litigation between the Republic of Argentina and holdout bondholders from the financially strapped South American nation’s 2005 and 2010 sovereign debt restructurings, Judge Thomas Griesa of the U.S. District Court for the Southern...
|Ontario Paves Road to Improved Judgment-Creditor Recovery - New Developments Could Expedite Enforcement|
Lisa Bruni, Alexandra Teodorescu; Blaney McMurtry LLP;
April 14, 2016, previously published on March 28, 2016Judgment-creditors who have experienced the uncertainty of Ontario’s civil enforcement regime have recently been given two reasons to be cautiously optimistic about the future of enforcement.
|Energy Future Wins Round Two in Fight to Skirt Liability for Make-Whole Premiums|
Mark G. Douglas, Jonathan M. (Jon) Fisher; Jones Day;
April 14, 2016, previously published on March/April 2016In February 2016, Energy Future Holdings Corp. (“EF”), which obtained confirmation of a chapter 11 plan on December 3, 2015, prevailed at the district court level in related appeals brought by first- and second-lien noteholders of bankruptcy court orders disallowing the...