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    Circuit courts uphold dismissal of securities claims based on alleged fraud in sale of auction rate securities
    2011-08-03

    Two recent opinions from separate federal courts of appeal upheld the dismissal of lawsuits by sophisticated investors that suffered losses in the auction rate securities ("ARS") market against the securities broker-dealers that allegedly fraudulently induced the purchase of the ARS.1

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Duane Morris LLP, Security (finance), Fraud, Market liquidity, Limited liability company, Misrepresentation, Due diligence, Broker-dealer, Underwriting, Securities fraud, US Securities and Exchange Commission, Securities Exchange Act 1934 (USA), Second Circuit, Sixth Circuit, Circuit court
    Authors:
    Wayne A. Mack , Matthew M. Ryan
    Location:
    USA
    Firm:
    Duane Morris LLP
    Ag “Distributor” Cannot Use PACA Trust to Jump Ahead of First-Lien Creditor, Circuit Court Rules
    2021-02-04

    The Sixth Circuit recently ruled that an agricultural "multi-service finance company" had no claim to the proceeds of produce held in trust pursuant to the Perishable Agricultural Commodities Act ("PACA")1 and could not circumvent the security interests of a senior lender. The unpublished decision,2 which relied upon established law in the Ninth, Second, and Third Circuits (among others), serves as a reminder to financers in the agribusiness space--and beyond--of the risks inherent in lending in an uncertain economic environment.

    Background

    Filed under:
    USA, Agriculture, Insolvency & Restructuring, Litigation, Buchalter, Bankruptcy, Sixth Circuit, Circuit court
    Authors:
    Joseph M. Welch , Valerie Bantner Peo
    Location:
    USA
    Firm:
    Buchalter
    William Fry Insolvency Review 2017 Part 1
    2018-01-18

     

    Examinership

    A number of significant decisions were made by the High Court and Court of Appeal relating to different aspects of the examinership process in 2017. 

    Filed under:
    Ireland, Company & Commercial, Insolvency & Restructuring, Litigation, William Fry, Debt restructuring, Companies Act, High Court (Ireland), Circuit court, Court of Appeal (England and Wales)
    Authors:
    Michael Quinn , Fergus Doorly , Ruairi Rynn , Craig Sowman , Niamh Cacciato , Deirdre Murphy
    Location:
    Ireland
    Firm:
    William Fry
    Texas Bankruptcy Ruling Reinforces Dedication Clauses in Gas-Gathering Agreements
    2020-01-10

    A Texas bankruptcy court recently ruled that dedication clauses in gas-gathering agreements run with the land and cannot be rejected by a debtor. That decision, In re Alta Mesa Resources, Inc., affirms an industrywide practice that faced an uncertain future following the ruling in In re Sabine Oil & Gas Corp. from the Southern District of New York, which was upheld by the 2nd U.S. Circuit Court of Appeals in 2018.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, McGuireWoods LLP, Title 11 of the US Code, United States bankruptcy court, Circuit court
    Location:
    USA
    Firm:
    McGuireWoods LLP
    Trademark Licensees’ Rights Survive Bankruptcy Rejection
    2019-05-31

    In Mission Product Holdings, the Supreme Court Endorses “Rejection-as-Breach” Rule and Interprets Broadly the Contract Rights that Survive Rejection

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Cadwalader Wickersham & Taft LLP, Bankruptcy, Fourth Circuit, Seventh Circuit, Circuit court
    Authors:
    Ingrid Bagby , Eric Waxman , Casey Servais
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Mission Product Holdings, Inc. v. Tempnology, LLC
    2019-02-13

    "When licensing trademark rights, you need to think about a host of issues at the outset including the impact of a licensor declaring bankruptcy."

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Nutter McClennen & Fish LLP, Statutory interpretation, Limited liability company, Circuit court
    Authors:
    Patrick J. Concannon , John G. Loughnane
    Location:
    USA
    Firm:
    Nutter McClennen & Fish LLP
    Lone Court Decision Complicates Question Regarding Effect of Bankruptcy Under WVCCPA
    2018-11-15

    The West Virginia Consumer Credit and Protection Act (“WVCCPA”) is a remedial statute designed to protect West Virginia consumers from improper debt collection. Only “consumers” have standing to file a lawsuit under the WVCCPA. The term “consumer” is defined as a natural person that owes a debt or allegedly owes a debt. But does a person still owe debt if that debt was discharged by a bankruptcy court? Although there is some conflicting case law in West Virginia, an answer is forming.

    Filed under:
    USA, Virginia, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Debtor, Consumer protection, Debt, Foreclosure, Standing (law), Debt collection, Bankruptcy discharge, Circuit court
    Authors:
    Andrew B. Buxbaum , David M. Gettings , David N. Anthony , David Asbury
    Location:
    USA
    Firm:
    Troutman Pepper
    Supreme Court Watch: Mission Product v. Tempnology
    2018-10-30

    On Friday, October 26, 2018, the U.S. Supreme Court granted certiorari in what could be a landmark decision concerning trademark issues in bankruptcy. In Mission Product Holdings, Inc. v. Tempnology LLC, the Court will resolve a Circuit Court split and determine whether a debtor-licensor can strip away the rights of its trademark licensees by rejecting its trademark licensing agreements as part of its bankruptcy case.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Sullivan & Worcester LLP, Bankruptcy, Supreme Court of the United States, Circuit court
    Location:
    USA
    Firm:
    Sullivan & Worcester LLP
    Narrower Harbors: Supreme Court Holds that § 546(e) Securities Safe Harbor Does Not Protect Transfers in Which Financial Institution Is Only a Conduit
    2018-03-15

    The Bankruptcy Code provides bankruptcy trustees, debtors, and creditor committees with “avoidance powers” that allow them to set aside and recover certain transfers that a debtor made before filing for bankruptcy.[1]  These avoidance powers are, however, limited by a number of exceptions enumerated in the Bankruptcy Code, including the securities safe harbor at § 546(e).  Section 546(e) protects from avoidance any transfer “made by or to (or for the benefit of) . . .

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Caplin & Drysdale, Chartered, Bankruptcy, Debtor, Security (finance), Safe harbor (law), Trustee, Supreme Court of the United States, Seventh Circuit, Circuit court
    Authors:
    Kevin C. Maclay , Todd E. Phillips , Kevin M Davis
    Location:
    USA
    Firm:
    Caplin & Drysdale, Chartered
    Supreme Court Construes “Actual Fraud” Broadly, Resolving Circuit Split
    2016-07-14

    A decision from the United States Supreme Court penned by Justice Sonia Sotomayor adopted a broad reading of “actual fraud” in section 523(a)(2)(A) of the Bankruptcy Code, which excepts from discharge debts “obtained by . . .

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Statutory interpretation, Fraud, Debt, Dissenting opinion, Common law, Bankruptcy discharge, Supreme Court of the United States, United States bankruptcy court, Fifth Circuit, US District Court for Southern District of Texas, Circuit court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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