Directors’ decisions face intense scrutiny during times of financial distress. A structured approach can protect stakeholder value and minimize liability....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