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    Court holds notice of potential claim letter satisfies policy requirements
    2007-08-13

    The United States District Court for the District of Colorado, applying Colorado law, has denied an insurer's motion for summary judgment and granted in part motions for partial summary judgment by the policyholder's former CEO and a bankruptcy trustee as assignee of the policyholder's former directors. Genesis Ins. Co. v. Crowley, 2007 WL 1832039 (D. Colo. June 25, 2007).

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Conflict of interest, Bankruptcy, Condition precedent, Shareholder, Class action, Fiduciary, Interest, Employment contract, Discovery, Securities fraud, United States bankruptcy court, Chief executive officer, Trustee
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Madoff bankruptcy decision offers protection for foreign investors
    2014-07-14

    In re Madoff Securities Extends Morrison Framework to Prevent Avoidance of Purely Foreign Transfers under SIPA and the Bankruptcy Code

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Security (finance), Securities fraud
    Authors:
    Christopher Harris
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Careless plan drafting causes harm in two recent court cases
    2008-09-03

    Two recent Federal appeals court decisions — one issued by the Fifth, the other by the Second Circuit — illustrate the dangers of careless drafting of bankruptcy and reorganization plans. In the Fifth Circuit decision, a drafting error prevented a company reorganized under Chapter 11 from suing the administrators of its property during its bankruptcy for fraud, breach of fiduciary duty and negligence, thereby potentially depriving its creditors of bankruptcy assets.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case LLP, Bankruptcy, Breach of contract, Fraud, Class action, Fiduciary, Negligence, Leverage (finance), Securities fraud, Second Circuit, Fifth Circuit
    Location:
    USA
    Firm:
    White & Case LLP
    Second Circuit: new Parmalat liable for old Parmalat "Frankenstein" suits
    2008-09-03

    On July 22, 2008, the US Court of Appeals for the Second Circuit affirmed denial of the motion of Parmalat S.p.A. ("New Parmalat") to extend an injunction provided to its predecessor, Parmalat Finanziaria, S.p.A., under Bankruptcy Code section 304, against securities fraud actions.1 Although the appeal addressed the issue of injunction in the context of superseded Bankruptcy Code section 304, this decision and the underlying lower court opinion signify other issues of broader import, including the need for careful plan drafting and the complexities inherent in cross-border cases.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, White & Case LLP, Bankruptcy, Unsecured debt, Injunction, Fraud, Class action, Debt, Liquidation, Comity, Joint-stock company, Securities fraud, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    White & Case LLP
    Spotlight on Sotomayor Second Circuit bankruptcy rulings
    2009-09-30

    On Thursday, August 6, 2009, the United States Senate confirmed Justice Sonia Sotomayor to the Supreme Court of the United States. As a former Judge on the Court of Appeals for the Second Circuit, Judge Sotomayor’s jurisprudence includes a number of decisions involving noteworthy bankruptcy cases. This article provides a brief survey of these decisions.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Shareholder, Debtor, Security (finance), Fraud, Admiralty law, In rem jurisdiction, Securities fraud, US Securities and Exchange Commission, US Senate, SCOTUS, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Second Circuit affirms dismissal of debtor’s attempted subordination of former corporate parent’s claim
    2012-09-21

    The U.S. Court of Appeals for the Second Circuit recently dismissed a corporate debtor’s attempt to subordinate its former corporate parent’s contract damage claim on the ground that it was a securities fraud claim. CIT Group Inc. v. Tyco Int’l., Inc. (In re CIT Group Inc.), 2012 WL 3854887 (2d Cir. Sept. 6, 2012), affirming 460 B.R. 633 (Bankr. S.D.N.Y. 2011).

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Debtor, Securities fraud, Second Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Court approves $125 million New Century settlement
    2010-08-10

    Yesterday, a federal judge preliminary approved a $125 million cash settlement for former shareholders of New Century Financial Corp. (“New Century”). New Century was the second largest subprime mortgage originator before it filed for bankruptcy in April 2007. In February 2008, Michael J.

    Filed under:
    USA, California, Capital Markets, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Shareholder, Board of directors, Subprime lending, General counsel, Underwriting, Preferred stock, Securities fraud, Securities Act 1933 (USA), KPMG, US District Court for Central District of California, Chief executive officer, Chief financial officer
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Culpability required for securities fraud exception to debt discharge in bankruptcy
    2011-09-28

    On September 19th, the Ninth Circuit considered whether the exception to Chapter 7 bankruptcy discharge for debts resulting from a violation of state or federal securities laws applies when the debtor himself is not culpable for the securities violation that caused the debt. The case involved an attorney who was required by court order to return the unearned retainer paid by a company that engaged in securities fraud. The attorney filed a petition for Chapter 7 bankruptcy before he was technically required to return the money.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Debtor, Security (finance), Debt, Securities fraud, Bankruptcy discharge, Ninth Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Issuer's failure to disclose Lehman investment is grounds for lawsuit
    2010-05-24

    On May 17th, a federal district court denied motions to dismiss a securities fraud lawsuit alleging that defendants failed to disclose adequately their investment in notes issued by a shell company owned by Lehman Brothers, who provided the principal protection guarantee. Defendants' knowledge regarding the notes and Lehman's insolvency contradicted their public statements, satisfying Rule 10b-5's scienter requirements. Plaintiffs also allege that their losses were exaggerated by defendants' lack of disclosure, adequately alleging loss causation.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Discovery, Involuntary dismissal, Causation (law), Securities fraud, Lehman Brothers
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Circuit courts uphold dismissal of securities claims based on alleged fraud in sale of auction rate securities
    2011-08-03

    Two recent opinions from separate federal courts of appeal upheld the dismissal of lawsuits by sophisticated investors that suffered losses in the auction rate securities ("ARS") market against the securities broker-dealers that allegedly fraudulently induced the purchase of the ARS.1

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Duane Morris LLP, Security (finance), Fraud, Market liquidity, Limited liability company, Misrepresentation, Due diligence, Broker-dealer, Underwriting, Securities fraud, US Securities and Exchange Commission, Second Circuit, Sixth Circuit, Circuit court
    Location:
    USA
    Firm:
    Duane Morris LLP

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