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    Investor consortium acquires BankUnited with FDIC assistance
    2009-05-21

    Today, after an extended auction, the OTS closed BankUnited, FSB, headquartered in Coral Gables, Florida and named theFDIC as receiver.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Interest, Investment management, Limited liability company, Limited partnership, Consortium, Depository institution, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Chrysler bankruptcy judge approves GMAC as preferred lender for dealers
    2009-05-13

    Yesterday, U.S. Bankruptcy Judge Arthur Gonzalez approved a motion by Chrysler LLC requesting that GMAC LLC become the preferred lender for its dealer network, and be permitted to provide wholesale, retail and other product-related financing for Chrysler dealers and customers to purchase vehicles.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Retail, Collateral (finance), Limited liability company, Consent, Preferred stock, Ally Financial, Chrysler
    Authors:
    Anjali Desai
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Doing Business in the United States 2020
    2020-03-13

    The Labor and Employment Group at Hogan Lovells is proud to have contributed to the 2020 version of the firm’s Doing Business in the United States Guide. The Guide provides a high-level overview of the laws and practices important to foreign investors interested in operating in the United States, including recent legal developments.

    Filed under:
    USA, Company & Commercial, Competition & Antitrust, Copyrights, Corporate Finance/M&A, Designs and trade secrets, Employment & Labor, Immigration, Insolvency & Restructuring, Patents, Public, Tax, Trade & Customs, Trademarks, White Collar Crime, Hogan Lovells, Foreign direct investment, Value added tax, Board of directors, Limited liability company, Limited liability partnership, Money laundering, Sexual harassment, Civil Rights Act 1964 (USA), Family and Medical Leave Act 1993 (USA), Americans with Disabilities Act 1990 (USA), Foreign Corrupt Practices Act 1977 (USA), Worker Adjustment and Retraining Notification Act 1988 (USA), Uniform Commercial Code (USA), USMCA, Internal Revenue Service (USA), Federal Trade Commission (USA), Office of Foreign Assets Control (USA), Financial Crimes Enforcement Network (USA), US Department of the Treasury, Committee on Foreign Investment in the United States
    Location:
    USA
    Firm:
    Hogan Lovells
    New deed tax policies favor certain enterprises in corporate reorganization and restructuring
    2009-03-04

    On December 29, 2008, the State Administration for Taxation (SAT) and the Ministry of Finance (MOF) jointly promulgated the Circular on Several Deed Tax Policies Concerning Enterprise Reorganization and Restructuring, (Cai Shui (2008) 175, Circular 175). Circular 175 took effect on January 1, 2009, and will be effective through December 31, 2011.  

    Filed under:
    China, Insolvency & Restructuring, Tax, Hogan Lovells, Limited liability company, Debt, Deed, State-owned enterprise, Subsidiary, Parent company, Right to property
    Location:
    China
    Firm:
    Hogan Lovells
    TOUSA fraudulent transfer award against lenders reversed
    2011-02-16

    In a thorough appellate decision, a United States District Court in Florida has reversed the portion of a Bankruptcy Court’s determination that the repayment of over $400 million in loans was a fraudulent transfer. As discussed in more detail below, the decision is significant in the context of complex, multiple entity structures in determining (i) which affiliated entity (or unpaid creditors of that entity) can recover a transfer and (ii) what constitutes reasonably equivalent value for the transfer.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, White Collar Crime, Dentons, Bond (finance), Security (finance), Interest, Limited liability company, Debt, Joint venture, Remand (court procedure), Bench trial, Subsidiary, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Robert E. Richards
    Location:
    USA
    Firm:
    Dentons
    German insolvency law is geared towards liquidation of the debtor – insolvency plan procedures are only applied in exceptional cases
    2010-05-31

    German Insolvency Law

    Filed under:
    Germany, Insolvency & Restructuring, Mayer Brown, Legal personality, Shareholder, Debtor, Board of directors, Market liquidity, Limited liability company, Debt, Liability (financial accounting), Liquidation, Balance sheet, Joint-stock company, Pro rata
    Authors:
    Dr. Marco Wilhelm , Kevin Philipp Lach , Dr. Nicolas Rößler, LL.M.
    Location:
    Germany
    Firm:
    Mayer Brown
    New York district courts differ regarding the scope of the Bankruptcy Code’s “safe harbors” for protected contracts
    2011-10-05

    The District Court for the Southern District of New York recently issued an opinion in Picard v. Katz, et al., (In re Bernard L. Madoff Investment Securities LLC),1 which limits avoidance actions against a debtor-broker’s customers to those arising under federal law based on actual, rather than constructive, fraud. The decision was issued by US District Judge Rakoff in the Trustee’s suit against the owners of the New York Mets (along with certain of their friends, family and associates).

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Mayer Brown, Debtor, Security (finance), Fraud, Federal Reporter, Limited liability company, Liquidation, Good faith, Due diligence, Title 11 of the US Code, Second Circuit, Trustee
    Authors:
    Brian Trust , Frederick D. Hyman
    Location:
    USA
    Firm:
    Mayer Brown
    Enforceability of capital commitments in a subscription credit facility
    2011-07-07

    Introduction

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Mayer Brown, Collateral (finance), Limited liability company, Consent, Limited partnership, Default (finance), Line of credit, Secured loan
    Location:
    USA
    Firm:
    Mayer Brown
    Distressed property assets in Dubai – key legal considerations for buyers and sellers
    2009-12-01

    Unique nature of UAE property market

    Filed under:
    United Arab Emirates, Insolvency & Restructuring, Real Estate, Herbert Smith Freehills LLP, Share (finance), Leasehold estate, Limited liability company, Debt, Mortgage loan, Joint-stock company
    Location:
    United Arab Emirates
    Firm:
    Herbert Smith Freehills LLP
    No soup for you: derivative actions concerning Delaware limited liability companies
    2011-09-13

    The opinion issued by the Delaware Supreme Court (the “Court”) in the matter of CML V, LLC v. Bax, No. 735, 2010 (Del. Supr. Sept.

    Filed under:
    USA, Delaware, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Legal personality, Fiduciary, Statute of limitations, Board of directors, Limited liability company, Standing (law), Secured creditor, Derivative suit, Court of Chancery, Delaware Court of Chancery, Delaware Supreme Court
    Location:
    USA
    Firm:
    Winston & Strawn LLP

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