New York Law Journal | Analysis
By Corinne Ball | December 22, 2021
The court ruled that the shareholder releases that formed the basis of a settlement that led to the debtor's plan of reorganization exceeded the scope of the bankruptcy court's statutory authority by releasing direct causes of action owned by nonconsenting creditors against non-debtors.
New York Law Journal | Analysis
By Elliot Pisem and David E. Kahen | December 15, 2021
In this edition of their Taxation column, Elliot Pisem and David E. Kahen discuss a recent decision in which the Tax Court determined that the Ricketts family's investment, although documented as subordinated debt, was properly characterized as "equity" for tax purposes, such that the deferral sought by Tribune Media was unavailable.
By Arielle Albert and Brian Fink | December 8, 2021
Arielle Albert and Brian Fink highlight some important considerations and legal obstacles that investors face when buying and selling businesses with interests in alcohol licenses.
New York Law Journal | Analysis
By Barbara M. Goodstein | December 1, 2021
In this edition of her Secured Transactions column, Barbara M. Goodstein discusses a recent decision in which the judge held that simply calling a transaction a true sale does not make it so. Rather, in a detailed and heavily footnoted discussion, the judge ruled that a holistic set of factors should be considered in making that determination.
New York Law Journal | Analysis
By John C. Coffee Jr. | November 17, 2021
Trading was once pursued by retail investors as a means to wealth creation (or, at least, enhanced retirement savings). Today, it seems for many, more a form of recreation and entertainment. This transition has consequences.
New York Law Journal | Analysis
By William F. Johnson | November 3, 2021
Recent events suggest that the SEC may bring enhanced scrutiny to companies' disclosure on issues like reputational impact, arguably a more subjective area than business operations and financial performance.
New York Law Journal | Analysis
By Corinne Ball | October 27, 2021
Although four cases presenting important bankruptcy issues were teed up for the court's consideration this term, the court denied certiorari for each. A fifth bankruptcy-related certiorari petition remains pending and may still be taken up this term.
New York Law Journal | Analysis
By Elliot Pisem and David E. Kahen | October 20, 2021
In this edition of their Taxation column, Elliot Pisem and David E. Kahen discuss the recent Tax Court decision in 'Kelly v. Commissioner', which deals with the recharacterization of purported loans made between affiliates as shareholder distributions, and potential consequences for failure to file a Form 5471 in the context of a foreign corporation owned by a U.S. person.
New York Law Journal | Analysis
By Barbara M. Goodstein | October 13, 2021
In this edition of her Secured Transactions column, Barbara M. Goodstein discusses a recent decision that underscores the importance to creditors of proper diligence, both in entering into a transaction and thereafter, including in the exercise of rights and remedies.
New York Law Journal | Analysis
By Dave Curran and Amelia Miazad | October 6, 2021
It can be challenging for law firms and corporations to hire lawyers who understand how to navigate modern-day challenges in environmental, social and governance.
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