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The US-Israel legal review 2022
2023-03-20

A GLOBAL LEGAL MEDIA & NISHLIS LEGAL MARKETING PUBLICATION THE US-ISRAEL LEGAL REVIEW 2022 IN ASSOCIATION WITH: Israel’s Unicorn Success Story SNNOVATION The US-Israel Legal Review 2022 1 Contents THE US-ISRAEL LEGAL REVIEW 2022 2 WELCOME FROM THE PUBLISHERS Global Legal Media and Nishlis Legal Marketing 4 ECONOMIC HEADWINDS, A HOT WAR AND A TRADE WAR: THE IMPACT ON ISRAEL’S COMPANIES With rising interest rates, rising inflation and reduced growth forecasts, how has that reality been faced by corporate clients and start-ups? Arnon, Tadmor-Levy provide some answers.

Filed under:
Global, Israel, USA, New York, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, IT & Data Protection, Litigation, Patents, Tax, Trade & Customs, Foreign direct investment, Corporate governance, Blockchain, Private equity, Patent infringement, Big data, Venture capital, Mediation, Fintech, Due diligence, Artificial intelligence, Cryptocurrency, SIPP, ESG, Personal data, Gaming, Cybersecurity, SPAC, Health Insurance Portability and Accountability Act 1996 (USA), GDPR, Federal Arbitration Act 1926 (USA), California Consumer Privacy Act 2018 (USA), US Securities and Exchange Commission, NASDAQ, International Centre for Settlement of Investment Disputes, Committee on Foreign Investment in the United States, ChatGPT, Silicon Valley Bank
Location:
Global, Israel, USA
View Original Article
District Court holds the existence of arbitration clause in agreement at issue is insufficient grounds for withdrawing reference
2015-03-26

On March 10, 2015, the United States District Court for the Middle District of Alabama issued a memorandum decision in the case of Harrelson v. DSS, Inc. (No. 14-mc-03675), declining to withdraw the reference from the bankruptcy court and holding that the existence of an arbitration agreement and a class action waiver in that arbitration agreement did not require substantial consideration of the Federal Arbitration Act (FAA).

Facts

Filed under:
USA, Alabama, Arbitration & ADR, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Debtor, Arbitration clause, Class action, Federal Arbitration Act 1926 (USA)
Location:
USA
Firm:
Alston & Bird LLP
View Original Article
Arbitration limitation: Ninth Circuit holds that a bankruptcy court may refuse to enforce an arbitration clause
2012-05-21

Clients often raise questions concerning the enforceability of arbitration clauses in bankruptcy proceedings. While this topic has been hotly debated for many years, a recent Ninth Circuit opinion, In re Thorpe Insulation Co., 671 F.3d 1011 (9th Cir. 2012), reminds us that arbitration clauses are not sacrosanct and can be struck down by the court.

Filed under:
USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Mintz, Bankruptcy, Breach of contract, Arbitration clause, Federal Arbitration Act 1926 (USA), US Congress, Ninth Circuit, United States bankruptcy court
Location:
USA
Firm:
Mintz
View Original Article
Arbitration Not Waived in Lawsuit Pending for Two Years
2018-11-20

Defendants in a lawsuit didn’t waive their right to arbitrate even after moving to dismiss and answering a complaint, a court held last week. Arbitration wasn’t waived because the defendants hadn’t filed affirmative defenses or counterclaims and had taken no discovery. Trevino v. Select Portfolio Servicing, Inc. (In re Jose Sr. Trevino), Adv. Pro. No. 16-7024, 2018 Bankr. LEXIS 3605 (Bankr. S.D. Tex. Nov. 14, 2018).

Filed under:
USA, Arbitration & ADR, Banking, Insolvency & Restructuring, Litigation, Real Estate, Patterson Belknap Webb & Tyler LLP, Injunction, Breach of contract, Arbitration clause, Waiver, Abuse of process, Testimony, Motion to compel, Prejudice, Federal Arbitration Act 1926 (USA), United States bankruptcy court
Authors:
Daniel A. Lowenthal
Location:
USA
Firm:
Patterson Belknap Webb & Tyler LLP
View Original Article
Use of Accounting Term of Art in Arbitration Provision of Asset Purchase Agreement Narrows its Scope in Favor of Bankruptcy Court Jurisdiction Over Post-Closing Dispute
2017-05-26

The Bottom Line

The Delaware District Court affirmed the bankruptcy court’s decision that the combination of a narrow arbitration provision and the bankruptcy court’s reservation of jurisdiction warranted denial of a motion to compel arbitration. The specific language of the arbitration provision, combined with the use of an accounting term of art, narrowed the scope of the arbitration provision sufficiently to rebut the presumption of arbitration under the Federal Arbitration Act.

What Happened?

Filed under:
USA, Delaware, Arbitration & ADR, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Federal Arbitration Act 1926 (USA)
Authors:
Philip Michael Guffy
Location:
USA
Firm:
Kramer Levin Naftalis & Frankel LLP
View Original Article
When international arbitrations and US bankruptcies collide
2010-07-20

The question of what happens to an international arbitration when a party files for bankruptcy in the United States is arising with increasing frequency. In the United States, the public policy interests that underlie both bankruptcy and arbitration legislation sometimes clash on critical points. The federal courts have developed competing approaches to addressing these issues. This fractured caselaw introduces uncertainty at the intersection of arbitration and bankruptcy.

US Bankruptcy Code

Filed under:
USA, Arbitration & ADR, Insolvency & Restructuring, Mayer Brown, Bankruptcy, Debtor, Dispute resolution, Liquidation, Federal Arbitration Act 1926 (USA), US Congress, United States bankruptcy court
Location:
USA
Firm:
Mayer Brown
View Original Article
Arbitration Clauses as Separate Executory Contracts
2022-06-06

The Bankruptcy Protector

This term, Supreme Court Justice Elena Kagan has authored a pair of opinions related to arbitration. The first of these decisions, Badgerow v. Walters, 20-1143, 142 S. Ct. 1310 (2022) came down on March 31, 2022, where Justice Kagan, writing for the 8/1 majority, held that a court must have an independent basis of federal jurisdiction to undertake a petition to confirm or vacate an arbitration award.

Filed under:
USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Federal Arbitration Act 1926 (USA), SCOTUS
Location:
USA
Firm:
Nelson Mullins Riley & Scarborough LLP
View Original Article
Applying Jevic: How Courts Are Interpreting and Applying the Supreme Court’s Ruling on Structured Dismissals and Priority Skipping
2017-12-04

The Bankruptcy Protector

Back in September, the Bankruptcy Protector announced that was introducing a new periodic series: theJevic Files. As promised, we have published intermittent updates identifying cases where Jevic priority skipping issues are raised and adjudicated.

In this post, we attempt to provide a succinct summary of all cases decided post-Jevic.

How Courts Are Applying Jevic

Filed under:
USA, Company & Commercial, Insolvency & Restructuring, Nelson Mullins Riley & Scarborough LLP, Federal Arbitration Act 1926 (USA), SCOTUS
Authors:
Shane G. Ramsey
Location:
USA
Firm:
Nelson Mullins Riley & Scarborough LLP
View Original Article

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