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HTMLIt's Time for Executives to Check Their Corporate Indemnities and D&O Insurance
William C. Wagner; Taft Stettinius & Hollister LLP;
Legal Alert/Article
October 23, 2015, previously published on October 14, 2015
Many corporate executives, including directors, believe they would be fully indemnified from the cost of defending against a government investigation or prosecution. They find solace in articles of incorporation or bylaws that require their corporation to fully indemnify them from criminal, civil,...


HTMLProposed US Tax Legislation Aims to Curb Hedge Fund Reinsurance
Paul J. Ahn, Michael Greenberg, David D. Luce, Gerald Rokoff; DLA Piper (Canada) LLP;
Legal Alert/Article
September 10, 2015, previously published on July 1, 2015
Senator Ron Wyden (D-OR) has released legislation, the Offshore Reinsurance Tax Fairness Act (ORTFA), which aims to close what he perceives to be a loophole used to exploit an exception to the passive foreign investment company or PFIC tax rules.


HTMLOverview of the Landscape for Evaluating Creditors' Breach of Fiduciary Duty Claims in Delaware
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 2, 2015, previously published on August 31, 2015
In our prior post, we discussed the standard a creditor must meet to sue an insolvent corporation for breach of fiduciary duties, as laid out in the Quadrant Structured Products Co., Ltd. v. Vertin decision. Another notable takeaway from the Quadrant decision was the Court’s overview of the...


HTMLItalian Bankruptcy Law Reform Emphasizes Flexibility for Borrowers, Active Role for Creditors
Francesco Squerzoni; Jones Day;
Legal Alert/Article
August 26, 2015, previously published on August 2015
During the last few years, the section of Royal Decree No. 267 of March 16, 1942 (the "Italian Bankruptcy Law") dedicated to pre-insolvency proceedings has been reformed extensively by the Italian legislature. The purpose of the reform is to provide distressed Italian entities with a more...


HTMLGood News for Secured Creditors and Commercial Lessors in Chapter 13 Cases
Jason W. Johnson; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
Legal Alert/Article
August 26, 2015, previously published on August 25, 2015
A new administrative order was entered by Chief Judge Jennemann in the Middle District of Florida on August 10. The Middle District of Florida stretches from Jacksonville on the east coast, through Central Florida and down the west coast through Fort Myers. The new procedures affect all Chapter 13...


HTMLThe SemCrude Bankruptcy: Commodity Traders Prevail Against Related Fraud and U.C.C. Claims
Cheryl I. Aaron, Travis Cole McCullough, Mark D. Sherrill; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
August 25, 2015, previously published on August 24, 2015
In 2008, SemCrude, L.P. and related entities (collectively, SemCrude or the Debtors) filed voluntary petitions for relief under Chapter 11 of the U.S. Bankruptcy Code. In connection with the SemCrude bankruptcy, a dispute arose between dozens of oil producers (the Producers) that sold oil to...


HTMLCMBS Loans: Borrower (and Bondholder) Beware
Adam H. Friedman; Olshan Frome Wolosky LLP;
Legal Alert/Article
August 18, 2015, previously published on August 2015
As discussed in our prior Client Alert, the CMBS loan structure is rife with complexity and potential for abuse. Generally speaking, upon default or imminent default, the Controlling Class of bondholders (or the Directing Certificate Holder), can appoint a Special Servicer to administer the...


HTMLTexas District Court Affirms Bankruptcy Court’s Use of Claim Estimation Process
Bryan Mann Kotliar; Jones Day;
Legal Alert/Article
August 6, 2015, previously published on July/August 2015
Many companies that file for bankruptcy protection have liabilities that cannot be definitively quantified as of the bankruptcy petition date. Such “unmatured,” “contingent,” “unliquidated,” or “disputed” debts could arise from, among other things:...


Adobe PDFBankruptcy Hijackings: Improper Use of the Automatic Stay in Consumer Bankruptcy Proceedings
Joshua L. Scheer, Spencer P. Scheer; Scheer Law Group, LLP;
Legal Alert/Article
July 30, 2015, previously published by California State Bar Real Property Journal, Vo. 32, No.3 (2014) on Spring 2014.
Review of History of the Automatic Stay in Bankruptcy Matters and Abuse and Reform Issues.


HTMLThe Consumer Financial Protection Bureau's cases against Sprint and Verizon for Mobile Cramming
Brooks F. Bossong; Nexsen Pruet, LLC;
Legal Alert/Article
July 3, 2015, previously published on June 23, 2015
Today we’re taking a look at the Consumer Financial Protection Bureau’s cases against Sprint Corporation (“Sprint”) and Cellco Partnership d/b/a Verizon Wireless (“Verizon”) for mobile cramming. For starters, what does “cramming” mean in the context...


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