On November 12, 2013, the U.S. Department of Justice announced a proposed settlement of its challenge to the US Airways/American Airlines merger. The settlement, which requires extensive divestitures, clears the way for the carriers to close the $11 billion deal they announced on February 14, 2013. Consummation of this deal brings to a close a period of significant industry consolidation that has reduced the number of major U.S. airlines from nine to five since 2008.

Proofs of claim are generally required to be filed by creditors in bankruptcy cases if they want to receive a payment on their claims. Many creditors have these claims forms prepared and signed by in-house or outside counsel. As a consequence of an amendment to the proof of claim form, having the claim signed by counsel runs the risk of waiving attorney-client and attorney work product privileges. This Alert discusses a recent case so holding, who should sign the claim forms in light of the amendment to the form, and what to do if your attorney has signed the claim form.

As Edward Snowden pursues asylum in Russia, the world is reeling in the revelations of the United States’ NSA (National Security Agency) surveillance activities and the US Postal Service’s policy of photographing every “mail cover” passing through the system.

On 24 July 2013, the Supreme Court handed down judgment in the Lehman and Nortel pensions appeals [2013] UKSC 52, reversing the decisions of Briggs J and the Court of Appeal and, in the process, sweeping aside numerous other well-known and long-established decisions

Federal subpoena practice will change in several important respects on December 1, when extensive amendments to Rule 45 of the Federal Rules of Civil Procedure are scheduled to take effect.

In any transaction facing a meaningful delay between signing and closing, dealmakers on both sides of the table spend a considerable amount of time thinking about allocating the various risks resulting from that delay (e.g., regulatory, business and financing).

Chapter 11 is known as a forum for reorganising or selling a financially distressed business. Chapter 11 allows companies to reject burden some contractual obligations, to shed non-core assets, and to “cleanup” the balance sheet by writing off unsecured debt.

It’s a Small World, After All: Cross-Border Bankruptcies (ABI/GULC Views from the Bench, 2013) - Hon. Martin Glenn, Hon. James M. Peck, Hon. Francis J.C. Newbould, Hon. Christopher S. Sontchi, Gregg M. Galardi, Gary T. Holtzer

The most critical hurdle for a debtor in the path toward emerging from bankruptcy is the debtor’s ability to file, and have the bankruptcy court approve, its plan of reorganization. If the court denies confirmation of the debtor’s plan, what are the debtor’s options? Can it appeal that decision as of right?

At the end of July, U.S. administering authorities for economic sanctions and export control regulations took actions to expand the potential for U.S. and other companies to export and reexport certain items to Syria and Iran.