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|Delaware Bankruptcy Court Rules TCEH First Lien Distributions Are Governed by the Bankruptcy Code, Not by Intercreditor Agreement Waterfall|
Thomas J. Curtin, Mark C. Ellenberg, Ellen Halstead, Howard R. Hawkins, Ivan Loncar; Cadwalader, Wickersham & Taft LLP;
May 27, 2016, previously published on March 21, 2016On March 11, 2016, Judge Christopher Sontchi of the U.S. Bankruptcy Court for the District of Delaware issued an opinion in the Energy Future Holdings bankruptcy that resolved an intercreditor dispute over $90 million in proceeds to be distributed under the plan of reorganization. The Court...
|TSG Newsletter Serbia: Key novelties on Terms and Conditions for Attracting Direct Investment|
Marko Janicijevic; TSG Law OfficeTomic Sindjelic Groza;
May 27, 2016, previously published on May 2016A new Regulation on Terms and Conditions for Attracting Direct Investment in Serbia entered into force in mid-March (on 12 March 2016), providing for some important novelties.
|Current Structuring May Not Shield Private Equity Firms from ERISA Liabilities|
Robert A. Davis, James Frazier, Gillian Emmett Moldowan, Shane J. Stroud, Linda Z. Swartz; Cadwalader, Wickersham & Taft LLP;
May 26, 2016, previously published on April 14, 2016On March 28, 2016, the U.S. District Court for the District of Massachusetts held that two private equity funds within Sun Capital were jointly and severally liable under the Employee Retirement Income Security Act of 1974, as amended (ERISA), for the $4.5 million multiemployer pension plan...
|Proposed Amendments to the Delaware Appraisal Statute|
Joshua Apfelroth, Mattan Erder, William P. Mills; Cadwalader, Wickersham & Taft LLP;
May 26, 2016, previously published on April 19, 2016The Corporation Law Section of the Delaware State Bar Association recently approved proposed legislation to amend the General Corporation Law of the State of Delaware (the “DGCL”). Among the proposed changes are amendments that would mitigate some of the risks presented by stockholder...
|SEC Focuses on Investor Perspective and Use of Technology with New Concept Release|
William P. Mills, Gillian Emmett Moldowan, Daniel F. Zimmerman; Cadwalader, Wickersham & Taft LLP;
May 26, 2016, previously published on May 6, 2016On April 13, 2016, the U.S. Securities and Exchange Commission issued a concept release on the business and financial disclosures required by Regulation S-K. The release is part of an ongoing comprehensive evaluation by the SEC of disclosure requirements in response to statutory mandates in the...
|The Southern District of New York’s Norske Skog Decision: What Constitutes A Refinancing May Be In The Eye of The Beholder|
Ingrid Bagby, Stuart N. Goldstein, William P. Mills, Yushan Ng, Adam D. Summers; Cadwalader, Wickersham & Taft LLP;
May 26, 2016, previously published on March 29, 2016The recent decision by the United States District Court for the Southern District of New York in Citibank, N.A. v. Norske Skogindustrier ASA1 could be an important consideration for future drafting and interpretation of debt agreements. While the Court’s decision is in the context of a...
|DHS to Clarify Liability Protections for Companies Sharing Cyber-threat Indicators|
Sutherland Asbill Brennan LLP;
May 24, 2016, previously published on May 23, 2016The Department of Homeland Security (DHS) intends to issue revised guidance that will clarify liability protections for companies sharing cyber-threat indicators among themselves, and will reissue guidance on information sharing with non-federal entities under the Cybersecurity Act of 2015. DHS...
|The New Mexican Simplified Stock Company|
Tracy Delgadillo Miranda; JATA - J.A. Treviño Abogados S.A. de C.V.;
May 19, 2016, previously published on April 2016On March 14, 2016, an amendment to the Mexican General Law of Commercial Companies was published on the Official Gazette introducing a new type of commercial company: the simplified joint-stock company. By mid-September, when said amendment becomes effective, such new company will become the...
|Submission of Bill to Amend the Act on Specified Commercial Transactions and Bill to Amend the Consumer Contract Act|
Harukuni Ito, Kyosuke Katahira, Yuichiro Mori, John C. Roebuck, Michiru Takahashi; Jones Day;
May 18, 2016, previously published on April 2016On March 4, 2016, in order to address changes in the socioeconomic climate, including the progressively aging population, and to protect the interest of consumers, the Bill to Amend the Act on Specified Commercial Transactions ("Commercial Transactions Bill") and the Bill to Amend the...
|Single Shareholder Joint Stock Companies|
Nilay Celebi; Erdem Erdem Law Office;
May 16, 2016, previously published on March 3, 2016As per Art. 338 of Turkish Commercial Code No. 6102, one or more shareholders may establish a joint stock company. Thus, the Turkish Commercial Code allows a joint stock company to be established by a single shareholder. In addition, a joint stock company that has more than one shareholder may be...