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Latham & Watkins LLP

Can Lenders Stay in the Driver’s Seat? The Enforceability of Make-Whole Premiums in Bankruptcy

Latham & Watkins LLP on

Borrowers and lenders must both be aware of the risks relating to uncertainty regarding make-whole premiums in bankruptcy. The enforceability of “make-whole” premiums in bankruptcy has become a hotly contested issue in...more

WilmerHale

CFTC Regulation of Binary Event Contracts: A History

WilmerHale on

Event contracts, which are a type of derivative contract whose payoff is based on a specified event, occurrence, or value, have been area of significant attention in the derivatives markets, with several key developments...more

Barnea Jaffa Lande & Co.

Israeli Contracts Law Proposed Amendment – How Dramatic Is It?

The Israeli Ministry of Justice recently published a memorandum of law amending the Contracts Law, which seeks to add unique rules of interpretation to business contracts. In the economic press, we saw dramatic headlines...more

K&L Gates LLP

U.S. Supreme Court to Address Prejudice Requirement for Waiver of Arbitration Agreements

K&L Gates LLP on

Agreements to submit disputes to arbitration are commonplace, with parties attempting to avoid the time, cost, and publicity involved in litigating disputes in court. To facilitate these aims, the Federal Arbitration Act (the...more

Smith Anderson

Contract Disputes: Look Closely, There’s More Than Meets the Eye

Smith Anderson on

"This is just a simple breach of contract case, Your Honor...” How many times have judges and lawyers heard that? But if breach of contract cases are simple, why are so many decided by North Carolina’s appellate courts? ...more

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