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Who Controls An Audit Committee's Privilege And Work Product Protection If The Company Declares Bankruptcy?
Many courts recognize that a corporation's constituent (such as an audit committee or a group of independent directors) can own the privilege and work product protection covering the constituent's internal corporate investigation.
United States
14 Dec 2015
2
JPMorgan Scores Major Victory In Ongoing Lehman Bankruptcy
On Sept. 30, a district court resolved a significant portion of outstanding litigation in the bankruptcy proceeding of Lehman Brothers Holdings Inc. and its debtor subsidiaries.
United States
15 Oct 2015
3
True Health Diagnostics Makes Offer To Acquire Health Diagnostic Laboratory
True Health Diagnostics, based in Frisco, Texas, has offered to acquire Health Diagnostic Laboratory (HDL), based in Richmond, Va., for $32 million, according to a Richmond Times Dispatch report.
United States
16 Sep 2015
4
IRS, PBGC Issue Guidance On Multiemployer Plan Benefit Suspensions And Plan Partitions
Yesterday the Internal Revenue Service (IRS) and Pension Benefit Guaranty Corporation (PBGC) issued temporary, proposed and interim final regulations and a revenue procedure...
United States
23 Jun 2015
5
Title Insurance May Not Save Secured Lenders From Priming Mechanic’s Liens
A recent decision from the U.S. Court of Appeals for the Seventh Circuit highlights the risks lenders face in deciding when to pull the plug on a failing real estate development project.
United States
24 Apr 2015
6
A Means To Stave Off Medicare Termination
McGuireWoods lawyers Helen Suh, Art Gambill, Christopher Green, Brian Swett and William Nash penned an article discussing the ramifications of the In re: Bayou Shores SNF LLC decision.
United States
6 Mar 2015
7
Florida Bankruptcy Court Offers Potential Means To Stave Off Medicare Termination
A recent bankruptcy decision in Florida may have implications for troubled healthcare entities that seek to avoid Medicare termination and preserve reimbursements.
United States
20 Feb 2015
8
In Re: Restivo Auto Body, Inc.: 4th Circuit Rules Executed But Unrecorded Security Interest Has Priority Over IRS Tax Lien
On October 31, 2014, the U.S. Court of Appeals for the 4th Circuit interpreted Maryland law in ruling that a bank’s security interest in a Chapter 11 debtor’s property created by a deed of trust that was executed before, but recorded after, the Internal Revenue Service filed a tax lien, had priority over the tax lien.
United States
26 Nov 2014
9
Courts Confirm Bankruptcy Trustees' Power
In In re Amerlink, Ltd., a Chapter 11 Trustee settled numerous adversary proceedings, including an action against several of the debtor's senior executives.
United States
20 May 2014
10
In Re: Fisker Automotive Holdings, Inc.: Caveat Emptor For Distressed Debt Purchasers – Your Credit Bid Rights May Be Impaired!
Fisker Automotive Holdings Inc. filed for bankruptcy in November 2013 hoping to have a preplanned sale of all its assets to its principal secured lender.
United States
21 Mar 2014
11
Delaware Bankruptcy Court Cuts Off Electricity Providers’ Access To Section 503(B)(9) Of The Bankruptcy Code
The Bankruptcy Court for the District of Delaware recently ruled in In re NE OPCO, INC., 2013 Bankr. LEXIS 4569 (Bankr. D. Del. Nov. 1, 2013), that electricity is not a "good" for purposes of 11 U.S.C. § 503(b)(9).
United States
21 Nov 2013
12
DE Bankruptcy Court Cuts Off Electricity Providers’ Access to Section 503(b)(9) of the Bankruptcy Code
The Bankruptcy Court for the District of Delaware recently ruled in In re NE OPCO, INC., 2013 Bankr. LEXIS 4569 (Bankr. D. Del. Nov. 1, 2013), that electricity is not a "good" for purposes of 11 U.S.C. § 503(b)(9).
United States
16 Nov 2013
13
TUPE And Insolvency
Although distressing for the owners and employees, an insolvent businesses can represent an opportunity for a buyer.
United States
30 Jul 2013
14
Court Applies Standard Joint Representation Principle
In most situations, any jointly represented client can access the files of the lawyer who represents the joint clients.
United States
11 Jul 2012
15
Secured Creditors' Right To "Bid In" Claims In Chapter 11 Sales Challenged
Decisions in two recent bankruptcy cases have challenged a common belief that partially secured creditors have an absolute right to protect their collateral by credit bidding their entire claim in sales held pursuant to chapter 11 plans.
United States
3 Mar 2010
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