In In re Gol Linhas Aéreas Inteligentes S.A. Judge Martin Glenn recently held that a “lockup” provision in certain settlement agreements was unenforceable under section 1125 of the Bankruptcy Code because settling creditors...more
On August 24, 2023, the U.S. Court of Appeals for the Second Circuit in Kirschner unanimously held that notes evidencing syndicated loans do not plausibly qualify as “securities” covered by state and federal securities laws...more
9/11/2023
/ Borrowers ,
Breach of Duty ,
Chapter 11 ,
Commercial Loans ,
Covenant of Good Faith and Fair Dealing ,
Debt Securities ,
Ernst & Young ,
Fiduciary Duty ,
Financial Institutions ,
Lenders ,
Multi-Factor Test ,
Rebuttable Presumptions ,
Reves v Ernst & Young ,
SCOTUS ,
Securities Regulation ,
State Law Claims ,
Syndicated Loans ,
Trustees
Much has been written about how to calculate the appropriate interest rate for the deferred cash payments a debtor may propose to pay to a rejecting secured creditor under a “cramdown” Chapter 11 plan to meet the “fair and...more
The Sixth Circuit’s recent decision in Digital Media Solutions v. South Univ. of Ohio, 59 F.4th 772 (6th Cir. 2023) provides a cautionary tale about the limitations of federal equity receiverships as a restructuring tool. It...more
8/22/2023
/ Appeals ,
Class Action ,
Corporate Officers ,
Court-Appointed Receivers ,
Creditors ,
Debt Restructuring ,
Directors ,
Nonprofits ,
Quasi In Rem Jurisdiction ,
Receivership ,
Remand ,
Reversal ,
Settlement ,
Subsidiaries ,
Third-Party Release Agrements
Social media continues to grow at an extraordinary pace. Companies regularly introduce new social media platforms to the marketplace and seek new ways to utilize such platforms to advance their businesses. At the same time,...more
8/18/2023
/ Brand ,
Chapter 11 ,
Commercial Bankruptcy ,
Corporate Branding ,
Facebook ,
Marketing ,
Multi-Factor Test ,
Online Platforms ,
Ownership Interest ,
Personal Brands ,
Social Media ,
Social Media Account Ownership ,
Social Networks