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    Steel cage match between Calpers and bond investors continues in San Bernardino Chapter 9 case
    2013-01-08

    The battle in California municipal bankruptcies between bond investors and Calpers, the California public employee pension system, began in the Stockton Chapter 9 bankruptcy case and continues unabated in the

    Filed under:
    USA, California, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bond (finance), Bankruptcy, Article I US Constitution, US District Court for Central District of California
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    EU General Court decision challenges ING restructuring terms
    2012-03-08

    Various media outlets reported on the March 2, 2012 decision of the General Court of the European Union partially upholding ING Groep NV’s challenge to the restructuring terms resulting from state aid measures imposed by EU regulators after the 2008 financial crisis.  According to Bloomberg

    Filed under:
    European Union, Netherlands, Insolvency & Restructuring, Litigation, Trade & Customs, Kelley Drye & Warren LLP, State aid, European Commission, General Court (EU), ING Group
    Location:
    European Union, Netherlands
    Firm:
    Kelley Drye & Warren LLP
    International carrier settles transfer of control violations with FCC
    2011-12-12

     On December 7, the FCC adopted a consent decree with an international carrier resolving several alleged transfers of FCC authorizations without prior approval.  This marks the latest in a series of enforcement actions in the area of ownership violations.  Many of these involve carriers providing foreign terminations.   The consent decree underscores the importance for all regulated carriers to monitor changes in ownership, even pro forma changes, and to seek prior FCC approval for the changes. 

    Filed under:
    USA, Insolvency & Restructuring, Telecoms, Kelley Drye & Warren LLP, Consent decree, Federal Communications Commission (USA)
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Bank's lack of diligence results in denial of late claim
    2011-05-25

    COMMODITY FUTURES TRADING COMMISSION v. LAKE SHORE ASSET MANAGEMENT LTD. (May 11, 2011)

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Share (finance), Shareholder, Fraud, Asset management, Default judgment, Commodity market, Pro rata, Commodity Futures Trading Commission (USA)
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Margin violation is not an affirmative defense to an action on a note
    2010-10-20

    COSTELLO v. GRUNDON (October 18, 2010)

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Share (finance), Bankruptcy, Unsecured debt, Breach of contract, Fraud, Discovery, Vacated judgment, Misrepresentation, Prima facie, Securities Act 1933 (USA), Trustee
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    A Season of Viral Disruption
    2020-03-18

    Social distancing. Elbow bumps. Flatten the curve. These are the new phrases and behaviors we have learned to avoid exposure to the novel coronavirus (COVID-19). This epic struggle forces us to reexamine and reevaluate our daily habits, lifestyles and customs as we work collectively to minimize the harm to our families, friends and neighbors throughout the United States.

    Filed under:
    USA, Insolvency & Restructuring, Kelley Drye & Warren LLP, Coronavirus
    Authors:
    Robert L. LeHane , KRISTIN S. ELLIOTT
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Punt, Pass or Kick? Supreme Court Struggles With Jevic at Oral Argument
    2016-12-09

    The U.S. Supreme Court heard oral arguments this week in the case of Czyzewski v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Energy Future Holdings make-whole ruling extends rationale of important SDNY decisions to Delaware
    2015-03-31

    Judge Christopher Sontchi issued a notable opinion last week in the bankruptcy case of Energy Future Holdings Corp., et al. (“EFH”), Case No. 14-10979 (D. Del.), ruling that the repayment in full of certain senior secured notes did not trigger an obligation by the debtors to pay a make-whole premium.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, US District Court for SDNY
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Heard about Detroit? The first word on treatment of public employee pension benefits in Chapter 9 (and absolutely not the last)
    2013-12-12

    Last week’s ruling by

    Filed under:
    USA, Michigan, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Panic in Detroit? Motor City moves closer to possible Chapter 9 filing
    2012-12-13

    Detroit has seen signs of revival in its urban core following the near-death experiences of GM and Chrysler. Unfortunately, its municipal finances remain beaten down by the city’s long and precipitous decline over the past several decades. Labor and legacy costs, incurred when the auto industry thrived and the popul

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Kelley Drye & Warren LLP
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP

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