By Barbara M. Goodstein and Jennifer Kratochvil | October 3, 2018
In this Secured Transactions column, Barbara M. Goodstein and Jennifer Kratochvil write: The new Delaware division statute will likely provide efficiencies for corporate transfers and other transactions, but creditors need both to consider their existing finance agreements and be mindful in documenting new transactions of the effect of this new legislation in regard to limitations on such transfers and other transactions.
By Christopher Harris and Kristof Szoke | September 21, 2018
Bankruptcy can considerably complicate the evaluation of legal privilege, due to the presence of shifting corporate control, parties with rapidly changing stakes, and fiduciary duties owed to multiple entities with differing interests.
By James H. Millar | September 21, 2018
Explore why the Fifth Circuit's forthcoming decision in 'Ultra Petroleum' will have broad application.
By Leslie A. Berkoff | September 21, 2018
April 2018 was a very busy month for the interpretation and application of Chapter 15 in the U.S. Bankruptcy Court for the Southern District of New York. During those four weeks, three Bankruptcy Judges issued opinions focusing on various aspects of Chapter 15 of the U.S. Bankruptcy Code.
New York Law Journal | Analysis
By Peter E. Fisch and Mitchell L. Berg | August 14, 2018
While asset forfeiture is commonly thought of as applying to personal property, such as a vehicle used to illegally transport narcotics, in their Transactional Real Estate column, Peter Fisch and Mitchell Berg discuss its application to real property.
By Thomas R. Califano and Rachel Ehrlich Albanese | June 8, 2018
The expense, disruption and value deterioration inherent in sustained Chapter 11 proceedings have in recent years led to faster paced cases which are often, if not prepackaged, at least pre-negotiated (or pre-arranged). Debtors and sophisticated stakeholders are increasingly using plan support agreements to provide structure to a Chapter 11 case and set forth the pre-negotiated terms of a Chapter 11 plan.
By Gregory G. Plotko and Richard J. Lee | June 8, 2018
PSAs have become a mainstay in the Chapter 11 restructuring process, and it is therefore vital for distressed investors and other creditors to have a clear understanding of the legal terms of a contemplated PSA. This article examines the language of certain key provisions typically found in a PSA, and provides a brief survey of provisions agreed to by debtors in bankruptcy proceedings.
By Michael J. Venditto | June 8, 2018
There are no absolute protections against the downside risk in any transaction. This is especially the case in cross-border transactions that span multiple jurisdictions. Nevertheless, some careful planning and drafting can improve the prospects for the outcome.
By Barbara M. Goodstein | June 6, 2018
In her Secured Transactions column, Barbara Goodstein shows how the case 'JCC Development Corp. v. Levy' can be used as a cautionary tale for attorneys who draft or review loan documents that small variations in the language of the documents can potentially lead to fatal flaws.
New York Law Journal | Analysis
By Paul R. Niehaus and Emily B. Kirsch | May 10, 2018
Recent developments in the Second Circuit's interpretation of the Fair Debt Collections Practices Act have undermined the security of the safe harbor previously established by the court, and have created a situation whereby almost any debt collection letter is susceptible to claims that it violates FDCPA. Fortunately, the Second Circuit has ample opportunity to rectify the current situation and provide clear rules for all parties.
The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.
This conference aims to help insurers and litigators better manage complex claims and litigation.
Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.
McCarter & English, LLP, a well established and growing law firm, is actively seeking a talented and driven associate having 2-5 years o...
Gill & Chamas, LLC seeks a Personal Injury attorney to work in their Woodbridge, NJ office. Candidate must possess the following: ...
We are seeking an attorney with a minimum of four years of experience in transactional work to join our well-established, nationally renowne...
