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Cite as: Litwin v. The Blackstone Group, L.P., 09-4426-cv, NYLJ 1202481597161, at *1 (2nd Cir., Decided February 10, 2011)Before: Miner, Cabranes, and Straub, C
Power Company Calpine Files Year's Largest Bankruptcy
Power generation company Calpine Corp. filed for Chapter 11 late Tuesday. It is the country's largest bankruptcy this year by assets and the eighth largest in U.S. history. The builder, owner and operator of power plants cited numerous reasons for its bankruptcy petition and those of 19 affiliates. The final straw for Calpine was the Delaware Supreme Court's affirmation of a Court of Chancery ruling on litigation over the company's use of asset sale proceeds for fuel purchases.'Extraordinary Payments,' SEC Escrow Authority at Issue in Key 9th Circuit Decision
The 9th Circuit recently issued a decision in a closely-watched case, endorsing the Securities and Exchange Commission's first exercise of its authority under �1103 of the Sarbanes-Oxley Act. That provision authorizes the SEC to get an escrow order freezing assets when it establishes in a federal district court that a public company is likely to make an extraordinary payment to an officer, director or agent while the agency is investigating whether the company or that person has violated securities laws.Who will challenge the Alinghi syndicate in the world's premier sailing race in 2010? That's a matter to be decided not on the water, but in New York's highest court. And the legal talent making arguments may make this contest as exciting as a regatta on a windy day.
A long-running ERISA class action against Bear Stearns ended with a whimper this week when employees who claimed to have lost $215 million when their retirement savings were invested in Bear Stearns stock agreed to settle for $10 million.
What do you get when two billionaire yachtsmen spare no expense to win the coveted sailing trophy? The highest-tech boats on the sea, which is great. But also apparently endless litigation, which we're committed to covering until they shut up and race the damn things.
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