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    Private equity firm held not responsible for portfolio company’s failure to provide adequate notice under WARN Act
    2014-11-26

    In Czyzewski v. Sun Capital Partners, Inc.1, the United States District Court for the District of Delaware affirmed a Bankruptcy Court determination that a private equity firm was not liable for its subsidiary portfolio company’s failure to provide adequate notice of a plant closing under the federal Worker Adjustment and Retraining Notification Act (WARN Act).

    Filed under:
    USA, Delaware, Employment & Labor, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Sun Capital Partners, Worker Adjustment and Retraining Notification Act 1988 (USA)
    Authors:
    Thomas McCarthy
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Interest in an LLC: property or a contractual right? You decide (but we are warning you the stakes are high)!
    2014-11-25

    Should a membership agreement governing a debtor’s interest in an LLC be treated as property of the estate or an executory contract? Equally, should a debtor’s economic and non-economic interests in an LLC be treated as property or a contractual right? Can’t make up your mind? Don’t worry—the bankruptcy courts can’t either.

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Limited liability company
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Sixth Circuit says, “I’m with the Underhills!”
    2014-11-19

    You might recognize the last name “Underhill” from the 1980’s movie, Fletch. In the movie, the main character, Irwin “Fletch” Fletcher overhears snobby country club member Mr. Underhill speaking rudely to a waiter. To get revenge, Fletch famously tells the waiter he’s “with the Underhills” and proceeds to charge a Bloody Mary, a steak sandwich and…a steak sandwich to the Underhills’ tab.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Weil Gotshal & Manges LLP, Tortious interference, Sixth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Thoughts on a new age of consent: what does consent mean with respect to Stern claims?
    2014-11-18

    “Will you, won’t you, will you, won’t you, won’t you join the dance?” – The Mock Turtle’s Song, Lewis Carroll’s Alice’s Adventures in Wonderland

    Vinny Gambini: Are you suuuuure? Mona Lisa Vito: I’m positive. – My Cousin Vinny

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Subject-matter jurisdiction, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Crumbs Bake Shop finds layers of rights under a rejected trademark license
    2014-11-17

    As previously discussed here and 

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Trademarks, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Forced sales, unconstitutional takings, and BAPCPA oh my…
    2014-11-11

    “There’s no place like home…”

    -Dorothy Gale

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Computers are people too: “the computer did it” is no defense to violations of the automatic stay
    2014-11-12

    “I’m sorry, Dave. I’m afraid I can’t do that.” – HAL 9000, 2001: A Space Odyssey

    Filed under:
    USA, Wyoming, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Recent “family farmer” case shows how secured creditors can avoid being plowed down by unfair cramdown provisions
    2014-10-31

    There has been quite a lot of discussion over the past few months about the bench rulings issued by Judge Drain of the Bankruptcy Court for the Southern District of New York inMomentive Performance Materials (see our extensive coverage in four parts here, 

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Secured creditor
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Momentive postscript – Bankruptcy Rule 3018: vote changing on Chapter 11 plans: you can’t have your cake and eat it, too
    2014-11-03

    “Life is not about perfect information. Life is about choices, which is why you have elections.”

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Give and take: Delaware bankruptcy court dismisses trustee’s turnover and avoidance claims relating to debtor’s net operating losses
    2014-11-04

    Are a debtor’s net operating losses considered property of the estate when they are reported on a consolidated tax return by a non-debtor parent? We previously wrote about this issue here.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Tax, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Limited liability company, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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