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    Choice of law and bankruptcy transfers: Sixth Circuit tackles both in personal injury case
    2015-02-24

    In a split decision issued late last week, the Sixth Circuit overturned a Michigan district court’s disposition of a tort suit from North Carolina arising out of allegedly faulty breast implants. In noting that “a venue transfer is not alchemy,” the court also construed complex choice-of-law issues in light of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Choice of law
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Changes to the Uniform Fraudulent Transfer Act approved
    2014-10-10

    Introduction

    Change of name

    Choice of law

    Filed under:
    USA, Insolvency & Restructuring, Caplin & Drysdale, Chartered, Choice of law
    Authors:
    Andrew J Sackett
    Location:
    USA
    Firm:
    Caplin & Drysdale, Chartered
    Is FDIC v. Van Dellem California’s Smith v. Van Gorkom?
    2012-12-11

    Last Friday, the jury in FDIC v. Van Dellem (C.D. Cal. Case No.

    Filed under:
    USA, California, Banking, Insolvency & Restructuring, Litigation, Allen Matkins Leck Gamble Mallory & Natsis LLP, Business judgement rule, Substantive law, Choice of law, Federal Deposit Insurance Corporation (USA), Office of Thrift Supervision
    Authors:
    Keith P. Bishop
    Location:
    USA
    Firm:
    Allen Matkins Leck Gamble Mallory & Natsis LLP
    Commercial division clarifies limits of choice of law provision in indentures
    2012-02-13

    In the recent matter Wilmington Trust Natl. Assn. v. Vitro Automotriz, Index No. 652303/11 (N.Y. Sup. Dec. 5, 2011), Justice Bernard J. Fried of the Commercial Division addressed the obligations of guarantors of indentured notes. Regardless that the issuer of the notes had declared bankruptcy in Mexico, the guarantors, none of whom were co-debtors, were not relieved of their obligations under the notes.

    Filed under:
    USA, New York, Capital Markets, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Debtor, Choice of law
    Authors:
    Sarah Aberg
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Foreign debtors’ access to U.S. bankruptcy courts: expansion of “property in the United States” definition in chapter 15 cases
    2015-12-01

    When is a foreign entity eligible to file a chapter 15 petition?  This question has been the subject of debate over the last few years, and Judge Martin Glenn’s recent opinion in In re Berau Capital Resources Pte Ltd. will add to this debate.  Although the debtor in the case was foreign and did not have a place of business in the United States, Judge Glenn concluded that the debtor had satisfied the eligibility provisions under section 109(a) of the Bankruptcy Code because the New York choice of law and forum selection clause in the underlying bond indenture rendered the

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Orrick, Herrington & Sutcliffe LLP, Debtor, Forum selection clause, Choice of law, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Douglas S. Mintz , Peter Amend , Monica Perrigino
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    Adelphia: action to proceed against lenders, banks for aiding and abetting breach of fiduciary
    2008-01-31

    The Adelphia Creditors Committee filed an adversary proceeding against approximately 380 defendants, including bank lenders, investment banks and their agents, alleging wrongdoing in the defendants’ dealings with Adelphia’s former management who looted the company. The complaint asserted numerous claims for relief in connection with borrowing facilities under which Adelphia became liable to repay the banks for billions of dollars that went to the insiders.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Fiduciary, Federal Reporter, Choice of law, Bank of America, Pennsylvania Supreme Court, Third Circuit, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Reed Smith LLP
    Section 304 injunction channels creditor’s guaranty claim to foreign proceeding for adjudication under foreign law, notwithstanding New York choice of law provision
    2008-12-31

    In ABN Amro Bank N.V. v. Parmalat Finanziara S.p.A. (In re Parmalat Finanziara S.p.A.),1 the United States District Court for the Southern District of New York affirmed the Bankruptcy Court’s entry of an injunction pursuant to former section 304 of the Bankruptcy Code (the precursor to current chapter 15, applicable in crossborder insolvency proceedings), which prevented the beneficiary of a guaranty governed by New York law from asserting its guaranty claim against Italian debtor (and guarantor) Parmalat S.p.A. (“Parmalat”) in the United States.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Injunction, Preliminary injunction, Legal burden of proof, Choice of law, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Choice of law and bankruptcy transfers: Sixth Circuit tackles both in personal injury case
    2015-02-24

    In a split decision issued late last week, the Sixth Circuit overturned a Michigan district court’s disposition of a tort suit from North Carolina arising out of allegedly faulty breast implants. In noting that “a venue transfer is not alchemy,” the court also construed complex choice-of-law issues in light of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Choice of law
    Location:
    USA
    Firm:
    Squire Patton Boggs
    “Life is full of tough choices”: Sixth Circuit considers interplay between change of venue and choice of law rules.
    2015-03-26

    As Ursula the Sea Witch once said “Life’s full of tough choices, isn’t it?”  The Sixth Circuit was recently faced with its own “tough choice” on choice of law in Sutherland v. DCC Litigation Facility, Inc., No. 13-1497 (6th Cir. Feb.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Statute of limitations, Multidistrict litigation, Choice of law, Sixth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Derivatives transactions with offshore counterparties
    2011-08-17

    Key Issues

    The transaction documents (eg ISDA, GMRA or prime brokerage agreements) for derivatives transactions (or other transactions involving netting provisions) are usually governed by English law or New York law. However, there are a number of local law issues which our clients should consider when proposing to enter into such transactions with offshore counterparties, including the following key issues:

    Filed under:
    United Kingdom, USA, New York, Derivatives, Insolvency & Restructuring, Private Client & Offshore Services, Ogier, Collateral (finance), Marketing, Arbitration award, Investment funds, Default (finance), Choice of law, International Swaps and Derivatives Association
    Authors:
    Bruce MacNeil
    Location:
    United Kingdom, USA
    Firm:
    Ogier

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