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    Coeur Défense safeguard proceedings: lessons to be learnt from the French Supreme Court decision
    2011-05-18

    Introduction

    On 8 March 20111, the French Supreme Court issued an important decision for the restructuring, finance and private equity communities and their advisers in connection with the on-going litigation surrounding the Coeur Défense restructuring.

    Filed under:
    France, Capital Markets, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Debtor, Private equity, Debt, Holding company, Conveyancing, Leverage (finance), Secured loan, Lehman Brothers, Court of Appeal of England & Wales, Court of Appeal of Paris
    Authors:
    Hervé Diogo Amengual
    Location:
    France
    Firm:
    Latham & Watkins LLP
    Lawmakers enact Spanish insolvency law
    2014-10-24

    Royal Decree Law 4/2014, intended to promote efficiency in Spanish insolvency proceedings, is officially enacted with some important updates.

    The Spanish legislature has finally enacted Royal Decree Law 4/2014 (the March Reform). Now known as Law 17/2014, of 30 September (the Act), the new law implements urgent measures regarding refinancing and restructuring of corporate debt. In addition to formally enacting the March Reform, the Spanish legislature included a few updates that are worth highlighting.

    Pre-Insolvency Communication

    Filed under:
    Spain, Insolvency & Restructuring, Latham & Watkins LLP, Debtor
    Authors:
    Ignacio Pallarés , Javier López Antón , Fernando Colomina Nebreda
    Location:
    Spain
    Firm:
    Latham & Watkins LLP
    Enforcement of intercreditor agreements — when should their terms give way to the "bankruptcy imperative"?
    2011-04-07

    Recently, several courts have added to the growing body of decisions construing intercreditor agreements in bankruptcy cases.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bankruptcy, Debtor, Collateral (finance), Waiver, Interest, Debt, Mortgage loan, Federal Communications Commission (USA), United States bankruptcy court
    Authors:
    Mitchell A. Seider
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Recent developments in insolvency law
    2014-09-10

     

    Filed under:
    Italy, Insolvency & Restructuring, Latham & Watkins LLP, Debtor, Limited liability partnership
    Location:
    Italy
    Firm:
    Latham & Watkins LLP
    District court reverses bankruptcy court’s decision in TOUSA
    2011-03-15

    3V Capital Master Fund LTD. v. Official Comm. of Unsecured Creditors of TOUSA, Inc. (In re TOUSA, Inc.), 2011 U.S. Dist. LEXIS 14019 (S.D. Fla. Feb. 11, 2011).

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bond (finance), Bankruptcy, Surety, Debtor, Unsecured debt, Breach of contract, Interest, Debt, Subsidiary, Secured loan, Title 11 of the US Code, United States bankruptcy court, Eleventh Circuit, US District Court for Southern District of Florida
    Authors:
    Mitchell A. Seider , Melinda C. Franek , Emily B. Menchel
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Material reform of the Spanish Insolvency Law
    2014-03-18

    Latham & Watkins operates worldwide as a limited liability partnership organized under the laws of the State of Delaware (USA) with affiliated limited liability partnerships conducting the practice in the United
    Kingdom, France, Italy and Singapore and as affiliated partnerships conducting the practice in Hong Kong and Japan. Latham & Watkins practices in Saudi Arabia in association with the Law Office of Salman M.

    Filed under:
    Spain, Insolvency & Restructuring, Latham & Watkins LLP, Debtor, Sustainability, Limited liability partnership, Refinancing
    Location:
    Spain
    Firm:
    Latham & Watkins LLP
    Beware of creditors bearing gifts: the Second Circuit’s recent decision in In re: DBSD North America, Inc. casts significant doubt on “gift” plans
    2011-02-28

    On February 7, 2011 the United States Court of Appeals for the Second Circuit issued its eagerly awaited opinion in the consolidated appealIn re: DBSD North America, Inc., Docket Nos. 10-1175, 10-1201, 10-1352, 2010 U.S. App. LEXIS 27007.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Share (finance), Bankruptcy, Debtor, Unsecured debt, Dividends, Federal Reporter, Liquidation, Secured creditor, Second Circuit, United States bankruptcy court, First Circuit
    Authors:
    Mark A. Broude , Jason B. Sanjana
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Does Tribune Make Merit Management Obsolete?
    2019-06-03

    Merit Management

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, White Collar Crime, Dechert LLP, Debtor
    Authors:
    Shmuel Vasser
    Location:
    USA
    Firm:
    Dechert LLP
    Settlement finality and financial collateral arrangements: revised UK legislation
    2011-01-13

    On 16 December 2010, HM Treasury published a revised draft of the Financial Markets and Insolvency (Settlement Finality and Financial Collateral Arrangements) (Amendment) Regulations 2010 (SI 2010/2993) (the “Amending Regulations”).  

    Filed under:
    United Kingdom, Insolvency & Restructuring, Dechert LLP, Clearing (finance), Credit (finance), Debtor, Collateral (finance), Security (finance), Public consultations, Option (finance), Consideration, European Commission, EEA, HM Treasury (UK)
    Location:
    United Kingdom
    Firm:
    Dechert LLP
    So the U.S. Supreme Court Resolved a Circuit Split Concerning Trademark Licenses, Now What?
    2019-05-31

    In Mission Products Holdings, Inc. v. Tempnology, LLC, the U.S. Supreme Court resolved a question that vexed the lower courts and resulted in a circuit split: does the rejection by a debtor-licensor of a trademark license agreement terminate the licensee’s rights under the rejected license?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Dechert LLP, Debtor, SCOTUS
    Authors:
    Shmuel Vasser
    Location:
    USA
    Firm:
    Dechert LLP

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