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    Imposing a Constructive Trust in Bankruptcy Cases: Federal Common Law Triumphs!
    2018-03-27

    When creditors are left holding the bag after providing valuable goods or services to a company that files for bankruptcy relief, they often feel misused and that an injustice has occurred. After all, they are legitimately owed money for their work or their product, and the debtor has in effect been unjustly enriched because it received something for nothing. Unsecured creditors do not have recourse to collateral, and typically have to wait in line to receive cents on the dollar.

    Filed under:
    USA, Delaware, Construction, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Projects & Procurement, Squire Patton Boggs, US Department of Energy, US District Court for District of Delaware
    Authors:
    Elliot M. Smith
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Texas Showdown Over Class Claims
    2018-01-23

    This past November, the Bankruptcy Court for the Southern District of Texas sided with the majority of circuit courts when it held (i) that bankruptcy courts may apply Federal Rule of Civil Procedure 23 to class proofs of claim and administrative proofs of claim, and (ii) that a putative representative may file a conditional claim on behalf of a putative class that may later be certified.

    Filed under:
    USA, Texas, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Royalty payment, Class action, Federal Rules of Civil Procedure (USA), United States bankruptcy court, US District Court for Southern District of Texas
    Authors:
    Peter R. Morrison
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Drilling down: a deeper look into the distressed oil & gas industry part 4—smoke on the water: the hazy law of oil and gas leases on the outer continental shelf
    2015-02-26

    Today’s blog article, which looks at offshore leases in the United States, is the fourth in a Weil Bankruptcy Blog series, “Drilling Down,” a series that will look at issues at the intersection of the oil and gas industry and bankruptcy law.  In Part One we provided an overview of the oil and gas industry, in 

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Investors prepare to pounce on possible uptick in restructurings
    2015-02-06

    The mergers and acquisitions surge witnessed at the end of 2013 continued through 2014 and drove overall global mergers and acquisitions activity to 2007 pre-recession levels.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Weil Gotshal & Manges LLP
    Authors:
    Ray C. Schrock, P.C. , Candace Arthur
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Drilling down: a deeper look into the distressed oil & gas industry part 3—the ability to assume or reject oil and gas leases
    2015-02-05

    Today’s blog article, which looks at the ability of a debtor to assume, assign, or reject oil and gas “leases” under section 365 of the Bankruptcy Code, is the third in the Weil Bankruptcy Blog series, “Drilling Down,” where we review issues at the intersection of the oil and gas industry and bankruptcy law.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Drilling Down: a deeper look into the distressed oil & gas industry part 2—treatment of oil and gas interests in bankruptcy
    2015-01-14

    Today’s blog article, which looks at the treatment of specific oil and gas property interests in the bankruptcy context, is the second in the Weil Bankruptcy Blog series, “Drilling Down,” where we review issues at the intersection of the oil and gas industry and bankruptcy law.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Weil Gotshal & Manges LLP, Bankruptcy
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Drilling Down: a deeper look into the distressed oil & gas industry
    2015-01-07

    As all restructuring eyes turn to Oil & Gas as the industry most likely to keep us busy in the coming months, we at the Weil Bankruptcy Blog want to make sure our readers are ahead of the gas curve (pun intended) in understanding the key issues that arise in this sector. With that in mind, today is the first in a Weil Bankruptcy Blog series, “Drilling Down,” which will look at emerging issues at the intersection of the oil and gas industry and bankruptcy law.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Appellate panel teaches the electric slide, sets forth a standard for determining whether electricity is a “good” for purposes of section 503(b)(9)
    2014-10-02

    “Why is electricity so expensive these days? Why does it cost so much for something I can make with a balloon and my hair?” – Dennis Miller

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Reform of the energy sector relating to renewable energies: corporate, contractual and insolvency issues of interest
    2014-03-03

    On December 28, 2013, the new Electricity Sector Act (Act 24/2013, of December 26) or “LSE” came into force.

    The LSE maintains the essence of the rules established under Royal Decree- Law 9/2013, of July 12. Existing renewable energy plants will receive the market price and will be entitled to additional remuneration that, based on investment costs and standard operations costs, will enable them to achieve certain profitability.

    Filed under:
    Portugal, Company & Commercial, Energy & Natural Resources, Insolvency & Restructuring, Cuatrecasas, Renewable energy
    Location:
    Portugal
    Firm:
    Cuatrecasas
    Doing business in Portugal - a legal and tax perspective
    2015-10-09

    DOING BUSINESS IN PORTUGAL A legal and tax perspective This guide provides general information to investors intending to operate in Portugal on legal issues on which they may need advice. It is not intended, and cannot be considered, as a comprehensive and detailed analysis of Portuguese law or, under any circumstances, as legal advice from Cuatrecasas, Gonçalves Pereira. This guide was drafted on the basis of information available as of October, 2015. Cuatrecasas, Gonçalves Pereira is under no obligation and assumes no responsibility to update this information. All rights reserved.

    Filed under:
    Portugal, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Corporate Finance/M&A, Employment & Labor, Energy & Natural Resources, Insolvency & Restructuring, Insurance, Intellectual Property, IT & Data Protection, Litigation, Real Estate, Tax, Telecoms, Cuatrecasas
    Location:
    Portugal
    Firm:
    Cuatrecasas

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