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Corporate Governance › Bankruptcy Code › Shareholders

Hogan Lovells

Q3 2024 Quarterly Corporate / M&A decisions updates

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Below is our Corporate / M&A decisions update covering decisions in the third quarter of 2024. Decisions from the Delaware Court of Chancery this quarter included an analysis of the assignment for the benefit of creditors...more

Mintz - Bankruptcy & Restructuring Viewpoints

FTX: Forcing The Examiner Mandate in the Third Circuit

Mintz - Bankruptcy & Restructuring Viewpoints on

It is a rare occasion that one can be assured with certainty that, if they file a motion with a bankruptcy court, it will be granted. But, in the Third Circuit, that is exactly what will happen if a creditor or other party in...more

Royer Cooper Cohen Braunfeld LLC

The (Failed) Failing Business Exception: Stockholders’ Right to Vote on Asset Transfers

Royer Cooper Cohen Braunfeld LLC on

In Stream T.V. Networks, Inc. v. SeeCubic, Inc., the Delaware Supreme Court (“Court”) held that section 271 of the Delaware General Corporation Law (“D.G.C.L”), which requires stockholder approval for a Delaware corporation...more

Morris James LLP

Corporate Governance: Bankruptcy Petition Filing Authorization

Morris James LLP on

Corporate governance battles spill into bankruptcy courts and at times serve as the genesis for bankruptcy petition filings. For example, recently the Fifth Circuit in In re Franchise Services of North America Inc. addressed...more

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