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    Sell-Side Directors May Be Liable for Breach of Fiduciary Duty Claims for Failing to Investigate Company's Post-Closing Solvency
    2020-12-28

    In In re Nine West LBO Securities Litigation (Case No. 20-2941) (S.D.N.Y. Dec. 4, 2020), a federal district court denied in part a motion to dismiss claims brought by the Nine West liquidating trustee against former directors (the "Defendants") of The Jones Group, Inc. (the "Company"), Nine West's predecessor, for, among other things, (i) breaches of their fiduciary duties of care and loyalty, and (ii) aiding and abetting breaches of fiduciary duties. The litigation arises from the 2014 LBO of the Company by a private equity sponsor ("Buyer").

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Private equity, Due diligence
    Authors:
    Dominick DeChiara , Bryan C. Goldstein , Carey D. Schreiber , Bradley C. Vaiana
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Bankruptcy Court Rejects US Trustee Fees on Distributions From Trust in 'Paragon Offshore'
    2021-09-08

    In the recent decision of Paragon Offshore, No. 16-10386 (CSS), 2021 (Bankr. D. Del. June 28, 2021), the U.S. Bankruptcy Court for the District of Delaware (the court) addressed the issue of whether the Office of the United States Trustee (OUST) could collect its quarterly fees against assets that were previously transferred to a litigation trust (the litigation trust) free and clear of any and all claims, liens and other encumbrances pursuant to a confirmed plan of liquidation.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Duane Morris LLP, Bankruptcy
    Authors:
    Lawrence J. Kotler
    Location:
    USA
    Firm:
    Duane Morris LLP
    Opportunities created by The Sbarro's bankruptcy filing
    2014-03-18

    On Monday, March 10, 2014, the companies that own and operate the Sbarro pizza chain, Sbarro LLC and 33 affiliates, filed for bankruptcy reorganization under Chapter 11 of the federal Bankruptcy Code.  The Sbarro companies operate 217 restaurants in the U.S. and there are 582 franchised restaurants, 176 in the U.S. and 406 at international locations.

    Filed under:
    USA, Insolvency & Restructuring, Leisure & Tourism, Litigation, Wiley Rein LLP
    Authors:
    Robert A. Smith , H. Jason Gold , Valerie P. Morrison
    Location:
    USA
    Firm:
    Wiley Rein LLP
    CIT Finds That Liquidations Do Not (Always) Bar Remedy
    2023-09-12

    The Court of International Trade (“CIT”) issued an opinion for three Administrative Procedures Act (“APA”) suits challenging Commerce’s denials of Section 232 duty exclusions. The APA is the law under which almost all Federal agencies act and sets forth the decision-making authority of agencies. Claims against Customs not made under a more specific statute are generally made under the APA.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trade & Customs, Barnes, Richardson and Colburn, LLP, Liquidation
    Location:
    USA
    Firm:
    Barnes, Richardson and Colburn, LLP
    How To Buy Distressed Commercial Property
    2023-09-01

    Interest rates remain high, and for many markets and asset classes, prices have yet to fall. However, there’s at least one way real estate investors can buy a property at the right price in this cycle: Distressed sales.

    “It’s a main mechanism for price correction,” said Matthew Scoville, a New York-based attorney and partner at Hunton Andrews Kurth who has represented both lenders and real estate developers. In many cases, distressed sales allow investors to acquire properties that would otherwise not be available. “Opportunities are the name of the game,” he said.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Real Estate, Goulston & Storrs PC, Due diligence, Uniform Commercial Code (USA)
    Location:
    USA
    Firm:
    Goulston & Storrs PC
    Sell-Side Directors May Be Liable for Breach of Fiduciary Duty Claims for Failing to Investigate Company's Post-Closing Solvency
    2020-12-28

    In In re Nine West LBO Securities Litigation (Case No. 20-2941) (S.D.N.Y. Dec. 4, 2020), a federal district court denied in part a motion to dismiss claims brought by the Nine West liquidating trustee against former directors (the "Defendants") of The Jones Group, Inc. (the "Company"), Nine West's predecessor, for, among other things, (i) breaches of their fiduciary duties of care and loyalty, and (ii) aiding and abetting breaches of fiduciary duties. The litigation arises from the 2014 LBO of the Company by a private equity sponsor ("Buyer").

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Private equity, Due diligence
    Authors:
    Dominick DeChiara , Bryan C. Goldstein , Carey D. Schreiber , Bradley C. Vaiana
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Bankruptcy Court Rejects US Trustee Fees on Distributions From Trust in 'Paragon Offshore'
    2021-09-08

    In the recent decision of Paragon Offshore, No. 16-10386 (CSS), 2021 (Bankr. D. Del. June 28, 2021), the U.S. Bankruptcy Court for the District of Delaware (the court) addressed the issue of whether the Office of the United States Trustee (OUST) could collect its quarterly fees against assets that were previously transferred to a litigation trust (the litigation trust) free and clear of any and all claims, liens and other encumbrances pursuant to a confirmed plan of liquidation.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Duane Morris LLP, Bankruptcy
    Authors:
    Lawrence J. Kotler
    Location:
    USA
    Firm:
    Duane Morris LLP
    Opportunities created by The Sbarro's bankruptcy filing
    2014-03-18

    On Monday, March 10, 2014, the companies that own and operate the Sbarro pizza chain, Sbarro LLC and 33 affiliates, filed for bankruptcy reorganization under Chapter 11 of the federal Bankruptcy Code.  The Sbarro companies operate 217 restaurants in the U.S. and there are 582 franchised restaurants, 176 in the U.S. and 406 at international locations.

    Filed under:
    USA, Insolvency & Restructuring, Leisure & Tourism, Litigation, Wiley Rein LLP
    Authors:
    Robert A. Smith , H. Jason Gold , Valerie P. Morrison
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Sell-Side Directors May Be Liable for Breach of Fiduciary Duty Claims for Failing to Investigate Company's Post-Closing Solvency
    2020-12-28

    In In re Nine West LBO Securities Litigation (Case No. 20-2941) (S.D.N.Y. Dec. 4, 2020), a federal district court denied in part a motion to dismiss claims brought by the Nine West liquidating trustee against former directors (the "Defendants") of The Jones Group, Inc. (the "Company"), Nine West's predecessor, for, among other things, (i) breaches of their fiduciary duties of care and loyalty, and (ii) aiding and abetting breaches of fiduciary duties. The litigation arises from the 2014 LBO of the Company by a private equity sponsor ("Buyer").

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Private equity, Due diligence
    Authors:
    Dominick DeChiara , Bryan C. Goldstein , Carey D. Schreiber , Bradley C. Vaiana
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Bankruptcy Court Rejects US Trustee Fees on Distributions From Trust in 'Paragon Offshore'
    2021-09-08

    In the recent decision of Paragon Offshore, No. 16-10386 (CSS), 2021 (Bankr. D. Del. June 28, 2021), the U.S. Bankruptcy Court for the District of Delaware (the court) addressed the issue of whether the Office of the United States Trustee (OUST) could collect its quarterly fees against assets that were previously transferred to a litigation trust (the litigation trust) free and clear of any and all claims, liens and other encumbrances pursuant to a confirmed plan of liquidation.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Duane Morris LLP, Bankruptcy
    Authors:
    Lawrence J. Kotler
    Location:
    USA
    Firm:
    Duane Morris LLP

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