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    Protecting the attorney-client privilege in corporate families
    2008-02-01

    The importance and practical benefits resulting from the use of the same in-house counsel for an entire corporate family are numerous. For example, the in-house attorneys are particularly familiar with the corporate family’s structure, can assist with joint public filings, and can expertly oversee the corporate family’s compliance with regulatory regimes. If a subsidiary in the corporate family becomes financially distressed, however, the creditors of the financially distressed entity may look to the parent corporation for recourse.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Jones Day, Bond (finance), Bankruptcy, Debtor, Fiduciary, Attorney-client privilege, Discovery, Misrepresentation, Motion to compel, Estoppel, Subsidiary, Bell Canada, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Jones Day
    Second Circuit affirms application of prior litigation exclusion
    2009-06-12

    In an unpublished summary order applying New York law, the United States Court of Appeals for the Second Circuit has affirmed a district court's judgment finding that many of the factual allegations asserted in a complaint against the directors and officers of the bankrupt policyholder were excluded by a prior litigation exclusion, even though some of the excluded losses accrued during time periods not at issue in the prior litigation. Pereira v. Gulf Ins. Co., 2009 WL 1262954 (2d Cir. May 6, 2009).

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Estoppel, Second Circuit
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Courts send mixed messages on WARN Act claims in bankruptcy
    2009-07-08

    As bankruptcy courts continue to play a key role in restructuring the U.S. economy, courts appear to be at odds as to whether WARN Act claims should proceed through adversary proceedings or through the bankruptcy claims process. While courts have come to differing conclusions on the issue, a commonality appears to be that generally courts will lean toward resolving WARN Act claims through whichever process is the most efficient in a particular case.

    Filed under:
    USA, Alabama, Arizona, Employment & Labor, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Class action, Estoppel, Worker Adjustment and Retraining Notification Act 1988 (USA), United States bankruptcy court, Small claims court
    Authors:
    Mark W. Eckard
    Location:
    USA
    Firm:
    Reed Smith LLP
    T&E litigation update: Greene v. Mullarkey
    2009-08-28

    In Greene v. Mullarkey, Case No. 07-30561-HJB, Adversary Proceeding No. 08-03009, 2009 Bankr. LEXIS 2191 (Bankr. D. Mass. Aug. 13, 2009), Christine Greene, her brother Matthew Mullarkey, and his wife Nicole Mullarkey were entangled in what the Bankruptcy Court described as an intra-family feud. The feud related to ownership of a two-family residential property and "played out on or in the property's porch, attic, basement, garage, yard and in-ground pool," prompting the Court to pay its "respect and admiration for the work done by the Massachusetts Probate and Family Court."

    Filed under:
    USA, Massachusetts, Insolvency & Restructuring, Litigation, Real Estate, Day Pitney LLP, Bankruptcy, Debtor, Fraud, Fiduciary, Interest, Beneficiary, Debt, Estoppel, Conveyancing, Bankruptcy discharge, Trustee, United States bankruptcy court
    Location:
    USA
    Firm:
    Day Pitney LLP
    R&R Capital, LLC v. Merritt
    2009-09-03

    C.A. No. 3989-CC (Del. Ch. Sept. 3, 2009)

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, White Collar Crime, Potter Anderson & Corroon LLP, Fraud, Res judicata and issue estoppel, Liquidation, Estoppel, Embezzlement, Gross negligence, Collateral estoppel, Court of Chancery, Delaware Court of Chancery, Delaware Supreme Court
    Location:
    USA
    Firm:
    Potter Anderson & Corroon LLP
    Dismissal of one defendant is not final when case against another defendant is under bankruptcy stay
    2011-07-22

    Kary Brown collided with a car while he was driving a truck for Koetter Woodworking. Melvin Kimbrell, a passenger in the car, suffered injuries. Kimbrell brought a personal injury action against both Brown and Smith in October of 2008, although he did not serve process until June of 2009. When Brown advised the district court that he had filed a bankruptcy petition in February 2008, the court stayed the proceeding as to him.

    Filed under:
    USA, Insolvency & Restructuring, Legal Practice, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Estoppel, Capital punishment
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Protecting the attorney-client privilege in corporate families
    2008-02-01

    The importance and practical benefits resulting from the use of the same in-house counsel for an entire corporate family are numerous. For example, the in-house attorneys are particularly familiar with the corporate family’s structure, can assist with joint public filings, and can expertly oversee the corporate family’s compliance with regulatory regimes. If a subsidiary in the corporate family becomes financially distressed, however, the creditors of the financially distressed entity may look to the parent corporation for recourse.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Jones Day, Bond (finance), Bankruptcy, Debtor, Fiduciary, Attorney-client privilege, Discovery, Misrepresentation, Motion to compel, Estoppel, Subsidiary, Bell Canada, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Jones Day
    Judgment creditor collaterally estopped by default judgment against insured
    2013-05-20

    The United States District Court for the Northern District of Georgia, applying Georgia law, has held that a default judgment against an insured in a rescission action precluded any subsequent recovery under the policy by a judgment creditor of the insured. Old Republic Nat’l Title Ins. Co. v. Hartford Accident & Indem. Co., 2013 WL 1943427 (N.D. Ga. May 9, 2013).

    Filed under:
    USA, Georgia, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Consent decree, Default judgment, Estoppel
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Rescission effective upon filing of rescission complaint
    2010-06-09

    In a decision not designated for publication, the United States District Court for the Northern District of California, applying California law, has held that an insurer's declaratory judgment complaint for rescission effectuated the rescission of the policy and that the subsequent coverage litigation confirmed the validity of the rescission. In re Sonic Blue Inc., 2010 WL 2034798 (N.D. Cal. May 19, 2010).

    Filed under:
    USA, California, Company & Commercial, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Breach of contract, Fraud, Fiduciary, Estoppel, Bad faith, Prejudice, Laches (equity), US District Court for Northern District of California
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Second Circuit affirms application of prior litigation exclusion
    2009-06-12

    In an unpublished summary order applying New York law, the United States Court of Appeals for the Second Circuit has affirmed a district court's judgment finding that many of the factual allegations asserted in a complaint against the directors and officers of the bankrupt policyholder were excluded by a prior litigation exclusion, even though some of the excluded losses accrued during time periods not at issue in the prior litigation. Pereira v. Gulf Ins. Co., 2009 WL 1262954 (2d Cir. May 6, 2009).

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Estoppel, Second Circuit
    Location:
    USA
    Firm:
    Wiley Rein LLP

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