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    Mayer Brown Submits Amicus Brief For Chamber Of Commerce In Seventh Circuit Appeal Involving Proper Application Of Punitive Damages Guideposts
    2019-07-19

    Although the Supreme Court identified three guideposts for evaluating whether a punitive award is unconstitutionally excessive 23 years ago in BMW v. Gore and refined those guideposts 16 years ago in State Farm v.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Mayer Brown, Seventh Circuit
    Authors:
    Evan M. Tager
    Location:
    USA
    Firm:
    Mayer Brown
    US Supreme Court Addresses Safe Harbor Under Bankruptcy Code
    2018-02-27

    Merit Management Group, LP v. FTI Consulting, Inc., No. 16-784 (2018)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, SCOTUS
    Authors:
    Thomas S. Kiriakos , Sean T. Scott , Tyler R. Ferguson
    Location:
    USA
    Firm:
    Mayer Brown
    US FDIC and SEC Propose Rules to Govern the Orderly Liquidation of Covered Broker-Dealers under Title II of the Dodd-Frank Act
    2016-03-10

    On February 17, 2016, the Federal Deposit Insurance Corporation (“FDIC”) and the Securities and Exchange Commission (“SEC”) (collectively, the “agencies”) jointly proposed a rule to supplement the statutory provisions of Title II of the Dodd-Frank Act (the “Orderly Liquidation Authority” or “OLA”) that govern the orderly liquidation of a “covered broker or dealer”—i.e., an SEC-registered broker or dealer that is a member of the Securities Investor Protection Corporation (“SIPC”) and for which a systemic risk determination to trigger the application of the OLA has been made.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Mayer Brown, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), US Securities and Exchange Commission, Federal Deposit Insurance Corporation (USA), Securities Investor Protection Corporation
    Authors:
    Curtis A. Doty
    Location:
    USA
    Firm:
    Mayer Brown
    Detroit, Michigan, eligible to file Chapter 9 bankruptcy
    2013-12-13

    On December 5, 2013, Judge Steven Rhodes of the US Bankruptcy Court for the Eastern District of Michigan held that the city of Detroit had satisfied the five expressly delineated eligibility requirements for filing under Chapter 9 of the US Bankruptcy Code1 and so could proceed with its bankruptcy case.

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Sixth Circuit
    Authors:
    Sean T. Scott , Aaron Gavant
    Location:
    USA
    Firm:
    Mayer Brown
    US Supreme Court grants certiorari in Radlax Gateway Hotel, LLC v. Amalgamated Bank
    2011-12-13

    Section 1129(b)(2)(A)(iii) of the Bankruptcy Code allows a court to find that a chapter 11 “cramdown” plan is “fair and equitable” to an objecting class of secured creditors if the plan provides for the realization by such holders of the “indubitable equivalent” of their claims. Section 1129(b)(2)(A)(ii), through reference to Section 363(k), permits the sale of collateral free and clear of liens if secured creditors are allowed to “credit bid”—that is, to bid the value of their claim in an auction of the collateral.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, SCOTUS, Seventh Circuit
    Location:
    USA
    Firm:
    Mayer Brown
    Recent bankruptcy decisions demonstrate importance of structuring considerations in financings of public-private partnerships
    2010-08-26

    The recent bankruptcy filings by infrastructure companies Connector 2000 Association Inc., South Bay Expressway, L.P., California Transportation Ventures, Inc., and the Las Vegas Monorail Company have tested the structures utilized to implement public-private partnerships (P3s) in the United States in several respects. It is still too early to draw definitive conclusions about the impact of these proceedings on P3 structures going forward, but initial rulings in two of the cases are already focusing the minds of project participants on threshold structuring considerations.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Projects & Procurement, Mayer Brown, Bond (finance), Bankruptcy, Debtor, Collateral (finance), Concession (contract), Limited partnership, Public-private partnership, Franchise agreement, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Sean T. Scott
    Location:
    USA
    Firm:
    Mayer Brown
    J&J Talc Bankruptcy Case: Events Leading Up To Potential Dismissal Battle
    2021-12-06

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown
    Authors:
    Sean T. Scott , Aaron Gavant
    Location:
    USA
    Firm:
    Mayer Brown
    Wither Non-Debtor Releases? Purdue Pharma and the Proposed SACKLER Act
    2021-04-02

    On Friday, March 19, 2021, Congressional lawmakers introduced a bill that would amend the U.S. Bankruptcy Code to prohibit bankruptcy judges from permanently enjoining or releasing legal claims of states, tribes, municipalities or the U.S. government against non-debtors.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy
    Authors:
    Samuel R. Rabuck , Sean T. Scott , Aaron Gavant
    Location:
    USA
    Firm:
    Mayer Brown
    The Costs of Destruction: Bankruptcy Court Authorizes Chuck E. Cheese to Spend Millions on Destruction of Prize Tickets
    2020-11-18

    CEC Entertainment, the parent company of kid-friendly and iconic “dinnertainment” restaurant and arcade chain—Chuck E.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Coronavirus, United States bankruptcy court
    Authors:
    Kyle J. Tum Suden , Aaron Gavant
    Location:
    USA
    Firm:
    Mayer Brown
    Are Companies in Bankruptcy Eligible for PPP Loans under the US CARES Act?
    2020-05-15

    As discussed in an earlier Legal Update,1 substantial uncertainty exists over whether companies in bankruptcy are eligible for loans under the Paycheck Protection Program, or PPP, which was established by the CARES Act to support small businesses by offering SBA-guaranteed loans on advantageous terms. Several recent bankruptcy court decisions underscore this uncertainty.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Coronavirus, Paycheck Protection Program, CARES Act 2020 (USA)
    Authors:
    Sean T. Scott , Aaron Gavant , Kyle J. Tum Suden
    Location:
    USA
    Firm:
    Mayer Brown

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