Supreme Court Clarifies Scope of Bankruptcy Courts’ Jurisdiction

On May 26, 2015, in Wellness International Network Ltd. v. Sharif, No. 13-935, 575 U.S. __ (2015) (the “Opinion”), the Supreme Court of the United States clarified bankruptcy courts’ ability to hear and decide issues related to bankruptcy cases, holding that (1) bankruptcy courts possess constitutional authority to adjudicate matters with the parties’ consent; and (2) such consent may be express or implied, so long as it is knowing and voluntary. The Opinion aids bankruptcy courts and litigators by clarifying the scope of bankruptcy courts’ authority following Stern v. Marshall, 131 S. Ct.
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FATCA - Impending Deadlines for BVI Financial Institutions

This article provides a reminder of the impending deadlines and action that is required for those BVI entities that are classified as “Foreign Financial Institutions” for the purposes of FATCA. No action is required for BVI entities that are not Foreign Financial Institutions. This update supplements our previous alert of 3 November 2014 entitled “Impact of FATCA on BVI entities”.
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U.S. Supreme Court Sets High Bar for Section 11 Securities Claims Based on Statements of Belief or Opinion

Continuing its trend of issuing important decisions that define the scope of private actions under the securities laws, the U.S. Supreme Court recently issued its decision in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, which addressed how statements of opinion and belief are treated for purposes of securities claims under Section 11 of the Securities Act of 1933.
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Davis Polk’s Global Distress Signal | Winter 2015 Issue

Global Distress Signal takes an in-depth look at: Recent developments in U.S. cross-border insolvency cases, including important court decisions that could significantly impact both U.S. and non-U.S. clients and practitioners Emerging trends in global cross-border insolvency, as exemplified by developments in the U.S.
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Bankruptcy Court Defers to Caesars’ Choice of Venue

On February 2, 2015, Judge Kevin Gross of the U.S. Bankruptcy Court for the District of Delaware held that the venue choice of embattled debtor Caesars Entertainment Operating Company (“CEOC”) was “entitled to just enough deference” to support a finding that, in the interest of justice, CEOC’s voluntary case and an earlier-filed involuntary case should proceed in CEOC’s chosen venue rather than the venue of the involuntary case. In re Caesars Entm’t Operating Company, Inc., Case No. 15-10047 (KG) (Bankr. D. Del. Feb. 2, 2015).
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