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    Third Circuit Ruling on Constitutional Authority of Bankruptcy Courts Can Provide Guidance for the Looming Wave of COVID-19 Cases
    2020-04-07

    The economic fallout from the COVID-19 pandemic will leave in its wake a significant increase in commercial chapter 11 filings. Many of these cases will feature extensive litigation involving breach of contract claims, business interruption insurance disputes, and common law causes of action based on novel interpretations of long-standing legal doctrines such as force majeure.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Medicare, Medicaid, Bankruptcy, Fraud, Force majeure, Coronavirus, Supreme Court of the United States
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    In-Depth Look at Managing Customer Relationships in Troubled Times
    2020-04-07

    Introduction

    Filed under:
    USA, Insolvency & Restructuring, Troutman Pepper, Force majeure, Coronavirus
    Authors:
    Francis J. Lawall , Donald J. Detweiler , John Henry Schanne, II
    Location:
    USA
    Firm:
    Troutman Pepper
    Bankruptcy and Credits’ Rights Issues for Employers Terminating Employees
    2020-04-07

    In response to the coronavirus (COVID-19) pandemic, many employers in various industries have been reducing hours and pay, or in many cases, closing their sites indefinitely. Employers can reference the article below for strategic ways to limit their liability when terminating or laying off employees during the coronavirus pandemic and contact Ice Miller LLP for additional information and assistance.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Ice Miller LLP, Force majeure, Coronavirus
    Authors:
    Tami A. Earnhart , John D. Giampolo
    Location:
    USA
    Firm:
    Ice Miller LLP
    COVID-19 Entertainment Update: Silver Linings Playbook for Entertainment Companies
    2020-03-27

    The global coronavirus (COVID-19) crisis continues to have a devastating impact across all segments of the entertainment industry.

    Filed under:
    USA, Corporate Finance/M&A, Employee Benefits & Pensions, Insolvency & Restructuring, Media & Entertainment, Skadden Arps Slate Meagher & Flom LLP, Private equity, Force majeure, Coronavirus, Family and Medical Leave Act 1993 (USA), Fair Labor Standards Act 1938 (USA), Families First Coronavirus Response Act 2020 (USA)
    Authors:
    Karen L. Corman , Van C. Durrer II , David C. Eisman
    Location:
    USA
    Firm:
    Skadden Arps Slate Meagher & Flom LLP
    Coronavirus/COVID-19 Update
    2020-03-18

    The question is no longer whether the volatility created by the COVID-19 pandemic will deepen the difficulties businesses and other institutions face in the coming months, but by how much and in what ways. In the past few weeks, we have offered client mailings and webinars on COVID-19-related topics, and we will work to keep you informed of important developments as these issues evolve. Included below are updates to our recent commentary, with answers to questions we have been receiving.

    Corporate

    Impact of COVID-19 on M&A

    Filed under:
    USA, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Corporate Finance/M&A, Employment & Labor, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Projects & Procurement, Public, Tax, Skadden Arps Slate Meagher & Flom LLP, Private equity, Renewable energy, Board of directors, Sick leave, Proxy voting, Activist shareholder, Force majeure, Annual general meeting, Directors' duties, Coronavirus, Internal Revenue Service (USA), European Commission, Federal Trade Commission (USA), Google, NASDAQ, US Congress, Family and Medical Leave Act 1993 (USA), Hart-Scott-Rodino Antitrust Improvements Act 1976 (USA), Tax Cuts and Jobs Act 2017 (USA), US District Court for Eastern District of Pennsylvania
    Location:
    USA
    Firm:
    Skadden Arps Slate Meagher & Flom LLP
    Finding that underlying development agreement was terminated, Delaware Bankruptcy Court disallows claim for rejection damages
    2012-08-16

    On July 9, 2012, Judge Mary F. Walrath of the Bankruptcy Court for the District of Delaware disallowed a claim for rejection damages related to a real estate development agreement, because the claim had been released upon the termination of an LLC Agreement, and the underlying ground lease never came into existence.  In re Magna Entm’t Corp., 2012 Bankr. LEXIS 3089 (Bankr. D. Del. July 9, 2012).  

    Background

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Limited liability company, Force majeure, United States bankruptcy court
    Authors:
    Thomas Curtin
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    The sun no longer shines on solar panel maker Solyndra LLC - bankruptcy and the FBI
    2011-09-09

    Well, it was only a matter of time before renewable energy hit the mainstream. By which we mean that the bloom comes off the road as the rubber hits the rose. 

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, McCarter & English LLP, Solar energy, Bankruptcy, Sustainable energy, Renewable energy, Climate change, Force majeure, FBI
    Authors:
    J. Wylie Donald
    Location:
    USA
    Firm:
    McCarter & English LLP
    Dealing with financially distressed purchasers of goods
    2008-11-19

    Sellers should be proactive in taking steps to protect themselves from a distressed buyer’s non-payment.  

    In the current economic downturn, sellers are dealing with many formerly good customers whose financial health is deteriorating. To protect their interests, sellers should assess their rights under applicable contracts and law and develop a strategy to minimize their exposure.

    Step 1 – Assess the Parties’ Contractual Rights

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Insurance, McDermott Will & Emery, Contractual term, Bankruptcy, Credit (finance), Breach of contract, Waiver, Accounts receivable, Default (finance), Force majeure, Payment protection insurance, Uniform Commercial Code (USA)
    Location:
    USA
    Firm:
    McDermott Will & Emery
    How dispute finance can help distressed energy companies around the globe: Focus on Europe and the Middle East
    2020-08-04

    In the last installment of this 3-part series, Oscar van Rossum du Chattel, a Senior Case Intelligence Manager based in Omni Bridgeway’s Geneva office, and Jonathan Siklos, a Senior Case Intelligence Manager bas

    Filed under:
    European Union, Middle East, Oman, Qatar, Saudi Arabia, United Arab Emirates, Energy & Natural Resources, Insolvency & Restructuring, Projects & Procurement, Fracking, Force majeure, Coronavirus, Office of Foreign Assets Control (USA)
    Location:
    European Union, Kuwait, Middle East, Oman, Qatar, Saudi Arabia, United Arab Emirates
    Commodities Bulletin, October 2022
    2022-10-07

    Welcome to the October 2022 edition of the HFW Commodities bulletin.

    In this extended edition, a number of our partners from across the globe have taken time to reflect on the profound impact of the Russian invasion of Ukraine on the commodities sector. It includes contributions from our offices in Australia, Geneva, London and Singapore, with articles on energy and food security, sanctions, insolvency, regulation, the energy transition and force majeure.

    On the back page, you will find details of the latest news and where you can meet the team next.

    Filed under:
    Australia, European Union, Global, Russia, Ukraine, United Kingdom, USA, Company & Commercial, Derivatives, Energy & Natural Resources, Insolvency & Restructuring, Product Regulation & Liability, Trade & Customs, Supply chain, Mediation, Due diligence, Force majeure, Sanctions, ESG, Coronavirus, Anti-bribery and corruption, Foreign Corrupt Practices Act 1977 (USA), European Commission, US Department of Justice, Office of Foreign Assets Control (USA), Commodity Futures Trading Commission (USA), Bank of England
    Authors:
    Justine Barthe-Dejean
    Location:
    Australia, European Union, Global, Russia, Ukraine, United Kingdom, USA

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