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California Court of Appeal Provides Guidance For Directors Of Financially...

As I have reported over the past several years, Delaware courts, including the Delaware Supreme Court, have addressed the nature of a director's fiduciary duties when a Delaware corporation is...

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Official Bankruptcy Forms Revised To Reflect April 1, 2010 Dollar Amount...

As discussed in an earlier post called "On The Rise: Bankruptcy Dollar Amounts Will Increase On April 1, 2010," various dollar amounts in the Bankruptcy Code and related statutory provisions were...

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Third Circuit Decision Suggests Another Way For Trademark Licensees To...

Trademark licensees have long faced the serious risk of losing all license rights to a trademark if the licensor files bankruptcy and rejects the trademark license as an executory contract. However, a...

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Fall 2010 Edition Of Bankruptcy Resource Now Available

The Fall 2010 edition of the Absolute Priority newsletter, published by the Cooley LLPBankruptcy & Restructuring group, of which I am a member, has just been released. The newsletter gives updates...

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New Ruling Finds Important Protection For Managers Of Insolvent Delaware LLCs

Derivative Claims Against Directors Of An Insolvent Delaware Corporation. With its 2007 decision in North American Catholic Educational Programming, Inc. v. Gheewalla, et al., 930 A.2d 92 (Del. 2007),...

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Blast From The Past: Website Provides Quick Access To Older Bankruptcy Code...

Thanks to Professor Robert Lawless of the University of Illinois College of Law, also of the Credit Slips blog, you can now save yourself from combing through dusty old books to find the language of...

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Spring 2011 Edition Of Bankruptcy Resource Now Available

The Spring 2011 edition of the Absolute Priority newsletter, published by the Cooley LLP Bankruptcy & Restructuring group, of which I am a member, has just been released. The newsletter gives...

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Bankruptcy Judge's Free Online Research Binder Now Updated

I have posted in the past about the helpful research binder that former Judge Randall J. Newsome of the United States Bankruptcy Court for the Northern District of California had made available on the...

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First Published Court Of Appeals Opinion Issued Answering Whether Trademark...

It's been a long wait, but we finally have a published decision from a U.S. Court of Appeals answering whether a trademark license is assignable in bankruptcy without the licensor's consent. On July...

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Summer 2011 Edition Of Bankruptcy Resource Now Available

The Summer 2011 edition of the Absolute Priority newsletter, published by the Bankruptcy & Restructuring group at Cooley LLP, of which I am a member, has just been released. The newsletter gives...

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Delaware Supreme Court Affirms Ruling Protecting Managers Of Insolvent LLCs

Creditor Derivative Claims Against Fiduciaries Of Insolvent Corporate Entities. In a 2007 decision in North American Catholic Educational Programming, Inc. v. Gheewalla, et al., 930 A.2d 92 (Del....

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Amendments To The Federal Bankruptcy Rules, Including Rule 2019, To Take...

Almost every year, changes are made to the set of rules that govern how bankruptcy cases are managed -- the Federal Rules of Bankruptcy Procedure. The changes address issues identified by an Advisory...

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Amendments To Federal Bankruptcy Rules, Official Forms, And Federal Rules Of...

Bankruptcy Rule Amendments. As reported in a post last month, this year's amendments to the Federal Rules of Bankruptcy Procedure have now taken effect today, December 1, 2011.For a discussion of the...

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Winter 2012 Edition Of Bankruptcy Resource Now Available

The Winter 2012 edition of the Absolute Priority newsletter, published by the Bankruptcy & Restructuring group at Cooley LLP, of which I am a member, has recently been released. The newsletter...

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Forced Into Bankruptcy: The Involuntary Bankruptcy Process

When a company is facing financial distress, the question often comes up whether creditors can "force" the company into bankruptcy. Although the answer is more complicated than it may seem, this post...

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Supreme Court Bids Adieu To Plans Denying Secured Creditors The Right To...

On May 29, 2012, only a little more than a month after the April 23, 2012 oral argument in the case, the U.S. Supreme Court issued its decision in RadLAX Gateway Hotel, LLC, et al. v. Amalgamated Bank...

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Seventh Circuit Bankruptcy Ruling Is Big Win For Trademark Licensees

On July 9, 2012, the U.S. Court of Appeals for the Seventh Circuit issued its decision in Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC, and in doing so handed a major victory to...

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Summer 2012 Edition Of Bankruptcy Resource Now Available

The Summer 2012 edition of the Absolute Priority newsletter, published by the Bankruptcy & Restructuring group at Cooley LLP, of which I am a member, has now been released. The newsletter gives...

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Going Up: Bankruptcy Dollar Amounts Will Increase On April 1, 2013

It hasn't gotten much publicity yet, but certain dollar amounts in the Bankruptcy Code will be increased for new cases filed on or after April 1, 2013. Follow this link for a chart listing all of the...

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Using Chapter 11 Bankruptcy's Sale Process To Achieve An Exceptional Sale Price

A Difficult Problem. Imagine that your company is facing a government investigation, requiring you to spend hundreds of thousands of dollars in legal fees and costs, while being threatened with...

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