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White and Williams LLP

Of Whiskey and Martha’s Vineyard Realty:  Federal Receivership Ordered for Fast Growing Uncle Nearest Brand

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Companies facing financial difficulties often utilize Chapter 11 to help effectuate a restructuring or sale as part of a case filed in the United States Bankruptcy Court. In other instances, a company’s lender – impatient...more

Greenberg Glusker LLP

United States v. Miller: U.S. Supreme Court Narrows the Scope of Sovereign Immunity Abrogation Under Section 106(a)

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The United States Supreme Court has held that the sovereign immunity waiver in Section 106(a) of the Bankruptcy Code does not extend to state law claims “nested” within a Section 544(b) claim for relief, depriving bankruptcy...more

Conyers

The Effect of Irregularities on the Validity of a Creditors’ Meeting

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The courts are generally reluctant to interfere with the outcomes of creditors’ meetings at which resolutions are voted on and passed. After all, such resolutions are decided and voted on by the creditors, thereby...more

Patterson Belknap Webb & Tyler LLP

Barton Strikes Again: Nominal “Individual” Claims Don’t Excuse Non-Compliance

Joshua Jordan was the CEO of Prehired LLC (“Prehired”), a “members-only workforce accelerator.” In December 2023, Jordan logged into Prehired’s Wells Fargo bank account online. He transferred $74,000 to the account of another...more

Allen Matkins

Complaint Need Not Allege Fraud, Misrepresentation, Or Deceit To Be "Based Upon" A Corporation’s “Fraud, Misrepresentation or...

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In 2002, the California Legislature created the Victims of Corporate Fraud Compensation Fund as part of the Corporate Disclosure Act. There are a number of conditions that must be met to receive a payout from the fund.  One...more

Lathrop GPM

[Event] 2025 State of Litigation - May 14th, Kansas City, MO

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Join us at Lathrop GPM’s annual State of Litigation event, where we bring together business leaders, legal decision-makers and industry experts to explore the latest trends in litigation and risk management....more

Walkers

Cayman Court stands firms against delay tactics in insolvency dispute

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The petition debt must be disputed on substantial grounds. It is an abuse of process to use the winding up court as a debt collection agency. If the Court is to accede to an application to restrain a winding-up petition,...more

Seward & Kissel LLP

Blink and You’ll Miss It, Beauty Products Liability, Shooting for 3, and Tetherball

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Blink Fitness files for Chapter 11 bankruptcy | Bloomberg - Blink Fitness, a gym chain owned by Equinox, filed for Chapter 11 bankruptcy protection in Delaware, citing assets and liabilities each ranging from $100 million...more

Conyers

Modified Universalism in the Context of Officeholder Sanction Applications

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Russell Crumpler & Christopher Farmer (as Joint Liquidators of Three Arrows Capital Ltd (in Liquidation)) v Three Arrows Capital Ltd (in Liquidation) and BVIHC (Com) 2022/0119 (unreported 26 July 2023) The BVI liquidation...more

Bradley Arant Boult Cummings LLP

Dude, Where’s My Liquidation?

Every election it seems like the country inches closer to cannabis being legal at the federal level. Until that day comes, however, the question of whether those in the cannabis industry can seek bankruptcy relief remains....more

Troutman Pepper Locke

Bankruptcy Court Provides Guidance on Social Media Account Ownership

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The U.S. Bankruptcy Court for the Southern District of Florida created a three-factor test to help determine the ownership interests of social media accounts. The court in In re Vital Pharm found that (1) documented property...more

Morgan Lewis

Delaware Bankruptcy Court Ruling on $7.2B Claim Affects Fraudulent Transfer Defense, Valuation Litigation

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In a decision likely to have a knock-on effect for future fraudulent transfer defense and valuation litigation, the Delaware bankruptcy court recently ruled that the price agreed in the sale of an oil and gas company closed...more

Patton Sullivan Brodehl LLP

LLC Operating Agreements Can Reduce Fiduciary Duties

LLC managers owe fiduciary duties both to the LLC and to the LLC’s members, similar to the duties owed by a partner to other partners in a partnership.  (Corp Code §17704.09.)  These include the duty of loyalty, care, and...more

Pullman & Comley, LLC

Litigation Funding for Bankruptcy Litigation Gets a Boost from Recent Appellate Decisions

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Litigation funding has becoming increasingly common for general litigation matters, although its validity will still depend upon applicable state law.  See generally Robert Miller, J.D., Annotation, Enforcement and Funding of...more

Herbert Smith Freehills Kramer

New York’s Highest Court Finds That Federal Bankruptcy Law Does Not Preempt State Law Tortious Interference Claims in Important...

On Nov. 24, 2020, the State of New York Court of Appeals ruled in favor of Kramer Levin client Sutton 58 Associates LLC (Sutton), an affiliate of Gamma Real Estate, in its $100 million lawsuit brought against real estate...more

American Conference Institute (ACI)

[Webinar] Virtual Fraud, Asset Tracing & Recovery Miami - October 28th - 30th, 8:30 am - 1:30 pm EDT

C5’s and ACI’s Virtual Fraud, Asset Tracing & Recovery Miami is the quintessential gathering for practitioners located offshore and across the globe. Unlike other events, this programme is your best opportunity to enhance...more

American Conference Institute (ACI)

[Webinar] Fraud and Asset Tracing War Stories - August 11th, 10:00 am - 11:00 am EDT

We invite you to join leading fraud, asset tracing and recovery experts at ACI’s Virtual “War Story” Boardroom - a complimentary, 1-hour webinar for a candid discussion of recent war stories. Don’t miss a worthwhile...more

FordHarrison

Non-Compete News: – Georgia Court Interprets Non-Compete Statute's "Sale-of-a-Business" Provision

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Georgia’s Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.) (“RCA”) governs Georgia non-compete agreements entered into after May 2011. Very few courts have interpreted the RCA since its inception. In Bearoff v. Craton,...more

Carlton Fields

New York Federal Court Rejects Attempt To Vacate Arbitration Award Related To Theft Of Corporate Assets

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A New York federal court recently confirmed an arbitration award related to the alleged theft of more than $100 million from a Luxembourg company, SLS Capital. SLS’s liquidator in bankruptcy court then initiated a FINRA...more

Farrell Fritz, P.C.

Winter Case Notes: LLC Deadlock and Other Recent Decisions of Interest

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This winter forever will be remembered in the Northeast as the winter of the “bomb cyclone,” which gets credit for the 6º temperature and bone-chilling winds howling outside as I write this. So in its honor, I’m accelerating...more

Stinson LLP

The Defense of Commercial Lenders in Multi-Tenant Bankruptcy

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The Sixth Circuit Court of Appeals in its recent decision in Town Center Flats, LLC v. ECP Commercial II LLC (In re Town Center Flats LLC), Case No. 16-1812 (6th Cir. May 2, 2017), reinforces an option that commercial lenders...more

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