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    Case study: in re Qimonda
    2011-11-02

    On Oct. 28, 2011, the United States Bankruptcy Court for the Eastern District of Virginia issued an opinion with significant ramifications for any holder of a patent license that operates internationally. At issue was an important protection afforded to patent licensees under the United States Bankruptcy Code - § 365(n).

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Patents, Wiley Rein LLP, Bankruptcy, Debtor, Patent infringement, Remand (court procedure), US Congress, Title 11 of the US Code, United States bankruptcy court, Fourth Circuit, US District Court for Eastern District of Virginia
    Authors:
    Dylan G. Trache , Scott A. Felder
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Court finds that deletion of documents under subpoena to be subject to criminal contempt, appoints U.S. attorney to prosecute contempt allegations
    2008-08-19

    U.S. v. Henry, Case No. 08-003 (W.D. Va. July 1, 2008)

    Filed under:
    USA, Virginia, Insolvency & Restructuring, IT & Data Protection, Litigation, Bricker & Eckler LLP, Bankruptcy, Federal Reporter, Contempt of court, Subpoena, Stay of execution, Motion to quash, Fourth Circuit, US District Court for Eastern District of Virginia
    Location:
    USA
    Firm:
    Bricker & Eckler LLP
    LandAmerica Financial Group seeks bankruptcy protection
    2008-11-26

    Late the night of Nov. 25, LandAmerica Financial Group, Inc. and its subsidiary, LandAmerica 1031 Exchange Services, Inc., filed a Chapter 11 petition in the U.S. Bankruptcy Court for the Eastern District of Virginia ("Bankruptcy Court"), seeking bankruptcy protection for both entities. The action does not cover Commonwealth Land Title Insurance Company or Lawyers Title Insurance Company, two LandAmerica subsidiaries that are each domiciled in the State of Nebraska.

    Filed under:
    USA, Nebraska, Virginia, Insolvency & Restructuring, Insurance, Litigation, Dentons, Bankruptcy, Debtor, Security (finance), Fiduciary, Liquidation, Due diligence, Underwriting, Title insurance, Subsidiary, Title 11 of the US Code, Insurance commissioner, United States bankruptcy court, US District Court for Eastern District of Virginia
    Location:
    USA
    Firm:
    Dentons
    Hainan Airlines settlement to result in full payment of claims in Dornier Aviation liquidation
    2009-03-06

    When H. Jason Gold was appointed liquidating trustee for the bankruptcy estate of Dornier Aviation (North America), Inc., (DANA) in early 2003, creditors were expected to receive as little as three cents per claim dollar. Despite these daunting prospects, Mr.

    Filed under:
    USA, Virginia, Aviation, Insolvency & Restructuring, Litigation, Wiley Rein LLP, Bankruptcy, Fraud, Condominium, Liquidation, Digital television, Trustee, United States bankruptcy court, US District Court for Eastern District of Virginia
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Like-kind exchanges and the use of a qualified intermediary
    2009-05-28

    Under Section 1031 of the Internal Revenue Code, a taxpayer does not recognize gain or loss on the exchange of like-kind property. Before 1984, the Code did not specifically address so-called deferred exchanges - exchanges in which the taxpayer relinquished property and some time later received the replacement property - although at least one leading case did. The 1984 rules require that the taxpayer identify the replacement property within 45 days after the disposition and close on the replacement property and close within 180 days after the disposition.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Dykema Gossett PLLC, Bankruptcy, Surety, Debtor, Consideration, Internal Revenue Service (USA), Internal Revenue Code (USA), United States bankruptcy court, US District Court for Eastern District of Virginia
    Authors:
    Anthony Ilardi, Jr. , Robert Davidson , Sheryl L. Toby , Wayne D. Roberts
    Location:
    USA
    Firm:
    Dykema Gossett PLLC
    FERC v. Powhatan Energy Fund, LLC Saga Ends With Default Judgment Against Powhatan Energy Fund
    2023-03-30

    On March 22, 2023, the U.S. District Court for the Eastern District of Virginia (Court) granted the Federal Energy Regulatory Commission’s (FERC) Motion for Default Judgment and entered a default judgment against Powhatan Energy Fund, LLC (Powhatan Energy Fund). The Court awarded FERC $3,465,108 in disgorgement and $16,800,000 in civil penalties.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Sidley Austin LLP, FERC, United States bankruptcy court, Fourth Circuit, US District Court for Eastern District of Virginia
    Authors:
    Kenneth W. Irvin
    Location:
    USA
    Firm:
    Sidley Austin LLP
    Sellers of goods beware! A written reclamation demand may not be enough
    2011-04-06

    In September 2010, the District Court for the Eastern District of Virginia denied a reclaiming seller rights despite the claimant’s service of a timely written reclamation demand and compliance with a reclamation procedures order and section 546(c) of the Bankruptcy Code.

    Section 546(c) of the Bankruptcy Code provides that:

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Debtor, Collateral (finance), United States bankruptcy court, US District Court for Eastern District of Virginia
    Location:
    USA
    Firm:
    Squire Patton Boggs
    What a long, strange “Tripp” it’s been: Eastern District of Virginia upholds sealing report under section 107
    2014-06-05

    Where a document filed under seal in a bankruptcy case has nothing to do with the bankruptcy itself, is the public entitled to access the document?  The United States District Court for the Eastern District of Virginia considered this unique question in Robbins v.

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court, US District Court for Eastern District of Virginia
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Bankruptcy court opinion serves as a reminder that credit bid rights are not absolute
    2014-04-18

    A recent opinion out of the United States Bankruptcy Court for the Eastern District of Virginia (Richmond Division) serves as a reminder to secured creditors to steer clear of conduct that a bankruptcy court may deem inequitable and provide the court with cause to limit the secured creditor’s credit bid rights.  In In re The Free Lance-Star Publishing Co.

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Wiley Rein LLP, Bankruptcy, Credit (finance), Debtor, Secured creditor, United States bankruptcy court, US District Court for Eastern District of Virginia
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Case study: in re Qimonda
    2011-11-02

    On Oct. 28, 2011, the United States Bankruptcy Court for the Eastern District of Virginia issued an opinion with significant ramifications for any holder of a patent license that operates internationally. At issue was an important protection afforded to patent licensees under the United States Bankruptcy Code - § 365(n).

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Patents, Wiley Rein LLP, Bankruptcy, Debtor, Patent infringement, Remand (court procedure), Title 11 of the US Code, US Congress, United States bankruptcy court, Fourth Circuit, US District Court for Eastern District of Virginia
    Authors:
    Dylan G. Trache , Scott A. Felder
    Location:
    USA
    Firm:
    Wiley Rein LLP

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