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    Remand order is not appealable when lower court unmistakenly dismissed for lack of jurisdiction, even though erroneously
    2011-08-01

    TOWNSQUARE MEDIA v. BRILL (July 21, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Kelley Drye & Warren LLP, Bankruptcy, Summary offence, Remand (court procedure), Non-disclosure agreement, Subject-matter jurisdiction, Supplemental jurisdiction, United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Decision in Tweeter Opco, LLC., holds non-debtor controlling company liable for debtor's violation of the WARN Act
    2011-08-03

    Summary

    In a 24 page decision signed July 8, 2011, Judge Walrath of the Delaware Bankruptcy Court granted a motion to for summary judgment, holding a non-debtor defendant liable with the Debtor as a single employer for alleged WARN Act violations. Judge Walrath’s opinion is available here (the “Opinion”).

    Background

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Class action, Federal Reporter, Limited liability company, Good faith, Summary offence, Worker Adjustment and Retraining Notification Act 1988 (USA), United States bankruptcy court, Third Circuit
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Jurisdiction is in the eye of the enforcer
    2010-04-20

    If you intend to enforce a judgement in Canada, you should know that the question of the US Court’s jurisdiction will likely be determined by the Canadian Court enforcing the judgement using its own test. The grounds on which the US Court took jurisdiction will carry little weight in the eyes of the Canadian enforcing Court.

    Filed under:
    Canada, USA, Insolvency & Restructuring, Litigation, McMillan LLP, Bankruptcy, Fraud, Summary offence, Default (finance), Capital One, United States bankruptcy court
    Authors:
    Brett Harrison , Jeffrey Levine
    Location:
    Canada, USA
    Firm:
    McMillan LLP
    Resolution to problems arising out of start mortgages case
    2013-08-01

    Since July 2011, lenders have lived with great uncertainty as to their statutory rights, particularly their right to obtain possession of a secured property by way of summary proceedings. This uncertainty arose as a result of the 2011 High Court decision in Start Mortgages Limited & Ors v Gunn and Ors[1] (the “Start Mortgages Case”).

    Filed under:
    Ireland, Insolvency & Restructuring, Litigation, Real Estate, Matheson LLP, Mortgage loan, Summary offence
    Authors:
    Niamh Counihan , Julie Murphy O'Connor , Tony O'Grady
    Location:
    Ireland
    Firm:
    Matheson LLP
    Bankruptcy declared contrary to Dutch public order
    2008-07-11

    This update discusses an issue that may arise in relation to the recognition of foreign bankruptcies where the law of the receiving state does not provide for admittance proceedings. This issue recently arose in the Yukos proceedings.

    Facts

    Filed under:
    Netherlands, Insolvency & Restructuring, Litigation, NautaDutilh, Share (finance), Bankruptcy, Shareholder, Injunction, State-owned enterprise, Summary offence, Chief executive officer, Supreme Court of the Netherlands
    Authors:
    Robert van Galen
    Location:
    Netherlands
    Firm:
    NautaDutilh
    Employee fired for planning to file for bankruptcy can pursue retaliation claim
    2010-04-13

    The bankruptcy code prohibits an employer from discriminating against or terminating an employee for filing or having filed for bankruptcy protection. A federal court in Wisconsin has extended this retaliation protection to an employee who intended to file for bankruptcy (and later did so). In Robinette v.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Fenwick & West LLP, Bankruptcy, Discrimination, Credit union, Summary offence, US Federal Government, Ninth Circuit
    Authors:
    Victor Schachter , Dan Ko Obuhanych
    Location:
    USA
    Firm:
    Fenwick & West LLP
    FTC's David Vladeck opposes bankruptcy transfer of personal information
    2010-07-15

    David Vladeck, Director of the FTC’s Bureau of Consumer Protection, recently sent a letter to creditors of XY Magazine, warning that the creditors’ acquisition of personal information about the debtor’s subscribers and readers in contravention of the debtor’s privacy promises could violate the Federal Trade Commission Act (“FTC Act”).

    Filed under:
    USA, Insolvency & Restructuring, IT & Data Protection, Hunton Andrews Kurth LLP, Bankruptcy, Information privacy, Debtor, Consumer protection, Personally identifiable information, Summary offence, Subscription business model, Right to a fair trial, Federal Trade Commission (USA), Federal Trade Commission Act 1914 (USA)
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Seventh Circuit dodges intra- and inter-circuit conflict regarding res judicata and bankruptcy
    2011-08-15

    MATRIX IV, INC. v. AMERICAN NATIONAL BANK AND TRUST CO. OF CHICAGO (July 28, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Breach of contract, Fraud, Res judicata and issue estoppel, Estoppel, Summary offence, Common law, Collateral estoppel, Collusion, Racketeer Influenced and Corrupt Organizations Act 1970 (RICO) (USA), United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Supreme Court finds FCRA liability
    2007-11-14

    The United States Supreme Court held that reckless violations of the Fair Credit Reporting Act (“FCRA”) constitute a willful failure to comply, subjecting violators to liability for actual damages, statutory penalties and potentially punitive damages. Safeco Ins. Co. of America v. Burr, 551 U.S. _____ (June 4, 2007).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Credit history, Punitive damages, Costs in English law, Letter of credit, Landlord, Leasehold estate, Summary offence, Vehicle insurance, Credit score, Consumer privacy, Fair Credit Reporting Act 1970 (USA), Supreme Court of the United States, Ninth Circuit
    Location:
    USA
    Firm:
    Reed Smith LLP
    Refco bankruptcy court orders advancement of defense costs despite guilty pleas in criminal proceedings
    2008-05-06

    The United States Bankruptcy Court for the Southern District of New York has granted another preliminary injunction ordering an excess directors and officers liability insurer to advance defense costs, despite the fact that the insurer had denied coverage on the basis of a prior knowledge exclusion and three of the insured entity's principals have pled guilty to various offenses, including violations of the securities laws. Murphy v. Allied World Assurance Co. (U.S.), Inc. (In re Refco, Inc.), No. 08-01133 (Bankr. S.D.N.Y. Apr. 21, 2008).

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Costs in English law, Security (finance), Preliminary injunction, Summary offence, Admissible evidence, Liability insurance, Indictment, Initial public offerings, Unjust enrichment, Securities fraud, United States bankruptcy court, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Wiley Rein LLP

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