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December 23, 2013 |

Uncowed, Companies Fight FTC's Power Play Over Cybersecurity

Agency is overstepping its bounds, and two businesses are primed for a court battle.
4 minute read
In re: GSC Group, 10-14653
Publication Date: 2013-12-19
Practice Area: Bankruptcy
Industry:
Court: U.S. Bankruptcy Court, Southern District
Judge: Bankruptcy Judge Shelley C. Chapman
Attorneys:
For plaintiff: Attorneys for the Debtors by: Aaron Rubinstein, Esq., Jeffrey A. Fuisz, Esq., Kaye Scholer LLP, New York, NY. By: Tracy Hope Davis, Esq., Andrea B. Schwartz, Esq., Carole Ryczek, Esq., United States Department of Justice Office of the United States Trustee New York, NY.
For defendant: Attorneys for Black Diamond Capital Management, LLC and GSC Acquisition Holdings, LLC, By: Daniel J. McGuire, Esq., Gregory M. Gartland, Esq., Winston & Strawn LLP, Chicago, IL. By: Rolf S. Woolner, Esq., Los Angeles, CA. Attorneys for Capstone Advisory Group, LLC by: Andrew M. Leblanc, Esq., Anne Knight, Esq., Milbank Tweed Hadley & McCloy LLP, New York, NY. Attorneys for Capstone Advisory Group, LLC by: Steven J. Mandelsberg, Esq., Jonathan M. Proman, Esq., Hahn & Hessen, New York, NY. Attorneys for Thomas Libassi, Philip Raygorodetsky, Seth Katzenstein, and Nicholas Petrusic by: David Daniels, Esq., Keith Sambur, Esq., Richards Kibbe & Orbe LLP, New York, NY. Attorneys for Robert J. Manzo, RJM, LLC, & RJM I, LLC by: Joseph T. Baio, Esq., Paul V. Shalhoub, Esq., Willkie Farr & Gallagher LLP, New York, NY. Attorneys for Chapter 11 Trustee, James L. Garrity, Jr., and GSC Liquidating Trust by: Andrew V. Tenzer, Esq., Shearman & Sterling LLP, New York, NY. Attorneys for Kaye Scholer LLP by: Scott L. Hazan, Esq., Otterbourg, Steindler, Houston & Rosen P.C., New York, NY.
Case number: 10-14653 (SCC)

Cite as: GSC Group, Inc., 10-14653 (SCC), NYLJ 1202633834843, at *1 (Bankruptcy., SD, Decided December 12, 2013) 10-14653 (SCC) Bankruptcy Judge S

FHFA v. HSBC North America Holdings, 11 Civ. 6189
Publication Date: 2013-12-17
Practice Area: Business Law
Industry:
Court: U.S. District Court, Southern District
Judge: District Judge Denise Cote
Attorneys:
For plaintiff:
For defendant:
Case number: 11 Civ. 6189

Cite as: FHFA v. HSBC North America Holdings, 11 Civ. 6189, NYLJ 1202632801775, at *1 (SDNY, Decided December 10, 2013) 11 Civ. 6189 District Judg

December 13, 2013 |

Richards Kibbe Taps AUSA Massey as Partner

After nine years in the Southern District U.S. Attorney's office, David Massey is joining Richards Kibbe & Orbe as a white-collar criminal defense partner. Massey, 44, was in the criminal division and a member of the office's Securities and Commodities Fraud Task Force.
1 minute read
December 04, 2013 | Inside Counsel

LabMD latest to challenge FTC’s cybersecurity regulation authority

Medical testing laboratory LabMD says that the FTC has made discovery requests that are irrelevant, overly-broad, and oppressive.
6 minute read
November 08, 2013 |

Personal Notes on Lawyers

Five firms announce new additions, while four have announced promotions.
2 minute read
October 29, 2013 |

Court Faults Failure to Return $40 Million in Swap Collateral

Barclays Bank breached a swap agreement with hedge fund BDC Finance when it did not return $40 million in collateral requested by BDC, instead paying only $5 million a day late and failing to dispute the amount using agreed-upon dispute resolution procedures, a split First Department panel ruled.
5 minute read
BDC Finance v. Barclays Bank, 650375/08
Publication Date: 2013-10-28
Practice Area: Business Law
Industry:
Court: Appellate Division, First Department
Judge: Before: Andrias, J.P., Saxe, DeGrasse, Richter, Gische, JJ.
Attorneys:
For plaintiff: For appellant-respondent: Craig A. Newman of Counsel, Richards Kibbe & Orbe LLP, New York.
For defendant: For respondent-appellant: Robinson B. Lacy of Counsel, Sullivan & Cromwell LLP, New York.
Case number: 650375/08

Cite as: BDC Finance v. Barclays Bank, 650375/08, NYLJ 1202625151113, at *1 (App. Div., 1st, Decided October 24, 2013) 650375/08 Before: Andrias,

BDC FINANCE L.L.C., Plaintiff-Appellant-res, v. BARCLAYS BANK PLC, Defendantres-res
Publication Date: 2013-10-28
Practice Area:
Industry:
Court: SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
Judge: Andrias, J.P., Saxe, DeGrasse, Richter, Gische, JJ.
Attorneys:
For plaintiff:
For defendant:
Case number: 9906

9906. BDC FINANCE L.L.C., Plaintiff-Appellant-res, v. BARCLAYS BANK PLC, Defendantres-res — BARCLAYS BANK PLC, COUNTERCLAIM-PLAINTIFF-res-ap, v. BDC FINANCE L.L.C., COUNTERCLAIM-DEFENDA

Barclays Ordered to Return $297 Million to Hedge Fund
Publication Date: 2013-10-25
Practice Area:
Industry:
Court:
Judge:
Attorneys:
For plaintiff:
For defendant:
Case number:

A New York Supreme Court appellate panel has determined that Barclays Bank PLC defaulted on a derivative agreement with a unit of Black Diamond Capital Management and must return $297 million to the hedge fund. Richards Kibbe & Orbe represented BDC while Sullivan & Cromwell advised Barclays.

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