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    Does “Act” Mean Also a Failure to Act?
    2017-03-02

    No, says the U.S. Court of Appeals for the Tenth Circuit in In re Cowen, adopting the minority rule and parting ways with four other Courts of Appeals.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dechert LLP, United States bankruptcy court, Tenth Circuit
    Location:
    USA
    Firm:
    Dechert LLP
    Litigation Funder Communications Protected by the Attorney-Client Privilege and Work Product Doctrine
    2016-06-08

    Addressing a novel issue in In re: International Oil Trading Company, LLC, 548 B.R. 825 (Bankr. S.D. Fla. 2016), the United States Bankruptcy Court for the Southern District of Florida recently denied in part an involuntary debtor’s motion to compel production of communications between the judgment creditor who had filed the involuntary bankruptcy petition and the petitioner’s litigation funder. The Court found that the attorney-client privilege and work product protection were applicable to certain disclosures made to the litigation funder, a non-lawyer third-party.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Legal Practice, Litigation, Dechert LLP, Bankruptcy, Work-product doctrine, Attorney-client privilege, Discovery, United States bankruptcy court
    Authors:
    Gary J. Mennitt , Shmuel Vasser
    Location:
    USA
    Firm:
    Dechert LLP
    The Fifth Circuit shifts the risk of doing business with fraudulent enterprises to trade creditors
    2015-04-07

    When a debtor pays the market cost for goods and services provided to it by third-party vendors, these payments normally cannot be recovered as fraudulent transfers in the U.S. That is because the debtor receives reasonably equivalent value for the payments to its vendors and because the unsuspecting vendors can assert a good faith defense based on the value provided.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Dechert LLP, Debtor, Fraud, Fifth Circuit
    Location:
    USA
    Firm:
    Dechert LLP
    Legislative Update
    2012-05-17

    Bankruptcy

    On March 5, 2012, new rules came into force for credit cooperatives in bankruptcy proceedings; the new rules feature:

    Filed under:
    Russia, Banking, Insolvency & Restructuring, Dechert LLP, Bankruptcy
    Location:
    Russia
    Firm:
    Dechert LLP
    FDIC issues opinion clarifying treatment of securitizations by financial companies subject to resolution under Title II of the Dodd-Frank Act
    2011-01-03

    Our October 2010 DechertOnPoint “FDIC Begins Action on Its Super-Resolution Rules for Covered Financial Companies” discussed how systemi-cally significant non-bank financial companies (“covered financial compa-nies”) may find themselves in unknown territory if the FDIC is appointed re-ceiver for them.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Dechert LLP, Security (finance), Board of directors, Personal property, General counsel, Good faith, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Title 11 of the US Code, Federal Deposit Insurance Corporation (USA)
    Authors:
    Thomas P. Vartanian , Robert H. Ledig
    Location:
    USA
    Firm:
    Dechert LLP
    Texas Two Step is Alive and Well
    2022-03-02

    The Bankruptcy Court for the District of New Jersey denied motions to dismiss the chapter 11 case of the newly created subsidiary of Johnson & Johnson, LTL Management LLC, and granted the debtor’s motion to stay prosecution of actions asserting talc related personal injuries against its J&J affiliates and the products distributors. This is the first opinion outside the North Carolina bankruptcy court approving the use of the so-called Texas Two Step as a bankruptcy execution strategy.

    The Motions to Dismiss

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Dechert LLP, Bankruptcy
    Location:
    USA
    Firm:
    Dechert LLP
    No Triangular Setoff in the Third Circuit
    2021-03-25

    In a recent decision, the Court of Appeals for the Third Circuit closed the door on triangular setoffs, ruling that the mutuality requirement under Section 553 of the Bankruptcy Code must be strictly construed and requires that the debt and claim sought to be setoff must be between the same two parties. In re: Orexigen Therapeutics, Inc., No. 20-1136 (3d. Cir. 2021).

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dechert LLP, Third Circuit
    Authors:
    Shmuel Vasser
    Location:
    USA
    Firm:
    Dechert LLP
    A Walk Down Memory Lane with the Liquidating Trust
    2020-06-07

    One of the pleasures of life is re-encountering old friends, catching up on what’s happened while your lives have gone their separate ways, reminiscing about the good old days and reconnecting. It comes back so fast, it’s like you never were apart.

    Me and the Liquidating Trust had just such an experience the other day.

    Filed under:
    USA, Insolvency & Restructuring, Private Client & Offshore Services, Dechert LLP
    Location:
    USA
    Firm:
    Dechert LLP
    Appointing a Future Claims Representative: Recent Developments
    2019-10-11

    A New Jersey District Court recently addressed several issues in connection with the appointment of a future claims representative (“FCR”). In light of the recent increase in mass-tort bankruptcy cases, exploring these issues is timely.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dechert LLP, Debtor, Title 11 of the US Code
    Location:
    USA
    Firm:
    Dechert LLP
    English Court of Appeal Clarifies the Ambit of the Rule Against Reflective Loss
    2018-07-16

    In the recent decision in Carlos Sevilleja Garcia v Marex Financial Limited,1 the Court of Appeal helpfully summarised the justifications for the English law rule against claims for reflective loss and confirmed that the rule applies equally to unsecured creditors of a company as it does to shareholders.

    Highlights

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Dechert LLP, Unsecured debt, Court of Appeal (England and Wales)
    Authors:
    Tom Ainsworth
    Location:
    United Kingdom
    Firm:
    Dechert LLP

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