US courts are issuing guidelines to ensure litigators disclose any use of generative AI in legal proceedings.
By now, most of us have heard a story about the misuse of generative AI in the practice of law: the attorney...more
Companies forced to wind down operations and liquidate their assets often choose a liquidation process known as an ABC (Assignment for the Benefit of Creditors). An ABC is usually more streamlined, requires fewer public...more
On August 24, 2023, the U.S. Court of Appeals for the Second Circuit in Kirschner unanimously held that notes evidencing syndicated loans do not plausibly qualify as “securities” covered by state and federal securities laws...more
9/11/2023
/ Borrowers ,
Breach of Duty ,
Chapter 11 ,
Commercial Loans ,
Covenant of Good Faith and Fair Dealing ,
Debt Securities ,
Ernst & Young ,
Fiduciary Duty ,
Financial Institutions ,
Lenders ,
Multi-Factor Test ,
Rebuttable Presumptions ,
Reves v Ernst & Young ,
SCOTUS ,
Securities Regulation ,
State Law Claims ,
Syndicated Loans ,
Trustees
In a decision of first impression regarding whether certain digital assets are property of a bankrupt debtor’s estate (attached here), Chief Judge Martin Glenn of the United States Bankruptcy Court for the Southern District...more
BUSINESS UNUSUAL -
COVID-19 poses unprecedented global public health and humanitarian challenges. Economically, it marks the end of a growth-fueled credit cycle. It’s been replaced by volatility, uncertainty and...more