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    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
    No protection in Ponzi schemes: Utah bankruptcy court limits investors’ ability to retain returns on investments
    2014-10-21

    Although the bankruptcy world has long been acquainted with Ponzi schemes, the courts have not clearly answered the question of how to distribute investors’ funds after a scheme fails – especially in the scenario where certain investors profit. The United States Bankruptcy Court for the District of Utah recently weighed in on the issue in 

    Filed under:
    USA, Utah, Insolvency & Restructuring, Litigation, White Collar Crime, Weil Gotshal & Manges LLP, Bankruptcy, Fraud, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    No loss is no defence: asset-flipping and fraudulent misrepresentation in receiverships
    2014-09-29

    This article has been contributed to the blog by Caitlin Fell and Mary Angela Rowe. Caitlin Fell is an Associate in the Insolvency & Restructuring group of Osler, Hoskin & Harcourt LLP.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Court clarifies Secured Creditor’s rights to pursue chose in action
    2014-09-03

    This article has been contributed to the blog by Dave Rosenblat and Mary Angela Rowe.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Tax Court of Canada
    Location:
    Canada
    Firm:
    Weil Gotshal & Manges LLP
    Genco: future earnings? That was then; this is now
    2014-08-06

    Bankruptcy courts typically rely on three valuation methods to determine a debtor’s enterprise value: comparable company analysis, precedent transaction analysis, and discounted cash flow analysis.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Shipping & Transport, Weil Gotshal & Manges LLP, Debtor, Valuation (finance)
    Authors:
    Gabriel A. Morgan
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Unfinished business: and the winner is . . .
    2014-07-11

    In a unanimous decision, the New York Court of Appeals stuck a dagger through the heart of bankruptcy estates of failed law firms as it declared that profits earned on matters that former partners of the failed firm take with them to their new employers are not property of the former firm.  Those profits belong to the new firm that provides the legal services.

    Filed under:
    USA, Insolvency & Restructuring, Legal Practice, Litigation, Weil Gotshal & Manges LLP
    Authors:
    Sunny Singh
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Bankruptcy court declines to force municipality into mediation of dispute unrelated to Chapter 9
    2014-06-13

    Readers may recall that, according to at least one bankruptcy court, chapter 9 debtors are not required to obtain bankruptcy court approval of compromises and settlements.

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Mediation, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    A Foreign Entity May be Subject to U.S. Bankruptcy Court Jurisdiction Simply by Utilizing a U.S. Bank Account in a Transaction with Another Foreign Entity
    2022-06-27

    A foreign (non-U.S.) company can be dragged unwillingly into a U.S. bankruptcy case if the bankruptcy court has “personal jurisdiction” over the company.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Authors:
    Ronit J. Berkovich , Furqaan Siddiqui
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Section 109(a) – filing a chapter 11 case for a foreign business
    2015-06-08

    Before we offend our fellow law practitioners outside of the United States, we want to emphasize that this blog entry is not about what is “better” – chapter 11 or other bankruptcy laws, U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    UK Court of Appeal judgment in Lehman Waterfall I appeal
    2015-05-14

    The Court of Appeal in London today gave judgment in the Waterfall I Appeal, a dispute as to the distribution of the estimated £7 billion surplus of assets in the main Lehman operating company in Europe, Lehman Brothers International (Europe) (LBIE).

    LBIE entered administration on 15 September 2008 and has now paid its unsecured creditors 100p for every £1 owed.  The Waterfall I Appeal addressed some of the key issues as to who should receive the surplus, which we discuss below.

    Currency Conversion Claims

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    Mark Lawford
    Location:
    United Kingdom
    Firm:
    Weil Gotshal & Manges LLP

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