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Pensions briefing | Data protection and pensions | January 2016

Trustees of pension schemes should be aware of their data protection obligations. This briefing seeks to remind trustees of the relevant data protection principles, including those relevant to choosing and documenting relationships with administrators, a ...

Resource Article - twallace@abiwor... - 02/01/2016 - 10:48 - 0 comments - 0 attachments

Alert: Revised Hart-Scott-Rodino Act Thresholds Announced

The Federal Trade Commission announced revisions to the Hart-Scott-Rodino (“HSR”) Act filing thresholds on January 21, 2016. The HSR Act requires annual adjustment of the thresholds based on the change in the U.S. gross national product. All thresholds w ...

Resource Article - twallace@abiwor... - 02/01/2016 - 10:46 - 0 comments - 0 attachments

Article from INSOL Europe (Week 4 - 10 January 2016) GlobalINSOLvency Editorial Board

On 15 June 2015, the US Supreme Court ruled that a law firm could not recover fees it incurred in defending its own fee application. The ASARCO Case The case involved the copper company ASARCO LLC that filed for Chapter 11 protection in 2005 to deal with ...

Resource Article - twallace@abiwor... - 02/01/2016 - 10:18 - 0 comments - 1 attachment

Kirkland M&A Update: Director Removal Without Cause — Delaware Default Rule is in Fact the Rule

In a recent bench ruling on a summary judgment motion in a case involving Vaalco Energy, Vice Chancellor Laster held that a provision of a company’s charter or bylaws could not override the default rule under Delaware law that directors serving on a non- ...

Resource Article - twallace@abiwor... - 02/01/2016 - 10:05 - 0 comments - 0 attachments

Alert: New Legislation Significantly Changes Taxation of REITs and Non-U.S. Investors in U.S. Real Estate

On December 18, 2015, the “Protecting Americans from Tax Hikes Act of 2015” was enacted. This legislation includes a number of sweeping tax law changes that impact U.S. private equity and real estate. Read more. (United States) bankruptcy,i ...

Resource Article - twallace@abiwor... - 02/01/2016 - 09:12 - 0 comments - 0 attachments

SDNY Bankruptcy Court Reaffirms Rigorous Pleading Standards in Lyondell LBO Fraudulent Conveyance Action

In the latest turn in the long-running LBO-related fraudulent conveyance litigation brought in connection with the Lyondell bankruptcy, on November 18, 2015, Judge Robert E. Gerber of the U.S. Bankruptcy Court for the Southern District of New York (the “ ...

Resource Article - twallace@abiwor... - 01/29/2016 - 12:47 - 0 comments - 0 attachments

Berau Capital Resources Pte Ltd: A New Gateway to Chapter 15 for Foreign Companies?

Berau Capital Resources Pte Ltd (“Berau”), a special purpose vehicle incorporated to raise funds on behalf of an Indonesian mining and coal company, initiated proceedings in the High Court of the Republic of Singapore pursuant to section 210(10) of the C ...

Resource Article - twallace@abiwor... - 01/29/2016 - 11:34 - 0 comments - 0 attachments

Delaware Bankruptcy Court Continues Trend Narrowly Construing Make-Whole Premiums

On October 28, 2015, Judge Christopher Sontchi of the U.S. Bankruptcy Court for the District of Delaware issued an opinion denying the make-whole claims of the EFIH Second Lien Trustee in the Energy Future Holdings bankruptcy case. The opinion is the sec ...

Resource Article - twallace@abiwor... - 01/29/2016 - 11:29 - 0 comments - 0 attachments

Barnet Clarified: NY-Law Governed Debt is Sufficient “Property” for Chapter 15 Eligibility

On October 28, 2015, Judge Martin Glenn of the United States Bankruptcy Court for the Southern District of New York (the “Court”) issued a Memorandum Opinion (the “Decision”) in the chapter 15 proceeding of Singaporean company Berau Capital Resources Pte ...

Resource Article - twallace@abiwor... - 01/29/2016 - 11:10 - 0 comments - 0 attachments

See our new guidebook: Restructuring Issues for Not-for-Profits in Financial Distress (Attorney Advertising)

A growing number of not-for-profit entities are facing financial challenges that may require restructuring of debt loads. Their directors, who may have joined to support the NFP’s mission, abruptly find themselves tackling unique, often high-stakes issue ...

Resource Article - twallace@abiwor... - 01/29/2016 - 10:47 - 0 comments - 0 attachments

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