Weil

Restructuring

SDNY

Case Overviews, Jurisdiction & Appeals, Pre-Filing Considerations

Far and Wide: Bankruptcy Court’s Expansive Definition of “Property” Under Section 109(a)

Contributor(s)

Claims, Proofs of Claim, Subordination & Recharacterization

Debt or Equity? SDNY Bankruptcy Court Says “Equity” in a Recent Case Involving Recharacterization of a Party’s Debt Claim as Equity

Contributor(s)

Corporate Governance & Fiduciary Duties, Litigation Issues, News, Post-Confirmation Issues, What We're Watching

Officers of Selling Companies May Escape Fiduciary Duty Liability But May Be Required to Return Change of Control Payments if Company is Insolvent Post-Closing (Nine West Part 2)

Contributor(s)

Ronit J.
Berkovich

Corporate Governance & Fiduciary Duties, Litigation Issues, News, Post-Confirmation Issues, What We're Watching

Warning to Directors of Selling Companies: Breach of Fiduciary Duty Liability May Exist for Failure to Investigate and Ensure Solvency of Company Post-Closing and Propriety and Effect of All Related Transactions (But You Can Protect Yourself)

Contributor(s)

Ronit J.
Berkovich

Avoidance Actions, Case Overviews, Litigation Issues, What We're Watching

Safe Harbor Re-Opened? SDNY Revisits Merit Management

Contributor(s)

Case Overviews, Due Process Concerns, International, Jurisdiction & Appeals, Litigation Issues, Stern Files

In Advance Watch, SDNY Bankruptcy Court Offers How-To Guide on Serving Process on Foreign Defendants and Applies Broad Implied Consent Standard under Stern and Wellness

Contributor(s)

Ronit J.
Berkovich

Fees, Professionals

Fees, Fees, Fees: SDNY Bankruptcy Court Questions the Ongoing Validity of the “Blackstone Protocol” for Investment Banker Fees in Chapter 11 Cases

Case Overviews, Corporate Governance & Fiduciary Duties

District Divided: Tribune Decision Creates SDNY Split over Standard for Imputing Officer and Director Intent to a Corporation