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U.S. Supreme Court Holds Tribal Sovereign Immunity Expressly Abrogated by U.S. Bankruptcy Code

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USA, Insolvency & Restructuring, Litigation, Holland & Knight LLP, US Congress, Supreme Court of the United States, First Circuit
Supreme Court Reverses Fifth Circuit's Interpretation of "Actual Fraud"

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USA, Insolvency & Restructuring, Litigation, White Collar Crime, Holland & Knight LLP, Bankruptcy, Shareholder, Debtor, Fraud, Debt, Misrepresentation, Remand (court procedure), Corporate bond, US Congress, Title 11 of the US Code, Supreme Court of the United States, United States bankruptcy court, Fifth Circuit, California courts of appeal, US District Court for Southern District of Texas
FASB proposes disclosure of going concern uncertainties

The Financial Accounting Standards Board (FASB) issued proposed amendments on June 26, 2013, to provide guidance about management's responsibilities in evaluating a company's going concern uncertainties in addition to the timing and content of related footnote disclosures. Even before a company’s liquidation is imminent, there may be uncertainties about a company’s ability to continue as a going concern and, therefore, about its going concern presumption (going concern uncertainties). Currently, there is no guidance in the U.S.

USA, Company & Commercial, Insolvency & Restructuring, Holland & Knight LLP, FSAB, GAAP
Linking to blog in email treated as “publication” in defamation claim

In an unusual decision, the U.S. Bankruptcy Court for the Southern District of Texas found that emailing hyperlinks directing others to view a third-party’s blog is a sufficient “publication” to sustain a defamation claim under state law.

USA, Texas, Insolvency & Restructuring, Internet & Social Media, Litigation, Media & Entertainment, Holland & Knight LLP, Debtor, Fraud, Defamation, Online service provider, Bench trial, US Congress, US Code, Communications Decency Act 1996 (USA), United States bankruptcy court, US District Court for Southern District of Texas