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District of Maryland Holds that “Specific Evidence” Must be Presented to Prove Lender Knowledge of Loan Applicant Fraudulent...

On April 1, 2022, the U.S. District Court for the District of Maryland granted in part and denied in part motions for summary judgment brought by lenders on claims against them for alleged participation in fraud by a borrower...more

8 Key Business Takeaways From Russia’s War

Economic ripples of Russia’s invasion of Ukraine will permeate the financial, energy, retail, and agricultural sectors, among others. (A link to a related King & Spalding webinar is located here.) While the full effects of...more

Washington Appellate Court Holds that Doctrine of “Account Stated” Precludes Claims Against Lender

On February 23, 2022, the Washington Court of Appeals applied the doctrine of “account stated” to shield a lender from liability. South Sound RV Park obtained financing from Niwara to purchase a recreational vehicle park....more

Financial Shockwaves

8 Key Business Takeaways From Russia’s War - Economic ripples of Russia’s invasion of Ukraine will permeate the financial, energy, retail, and agricultural sectors, among others. (A link to a related King & Spalding...more

"Trust the Force"

Fifth Circuit Concludes That Forced Change of Control Was Not The Product of Duress - The U.S. Court of Appeals for the Fifth Circuit affirmed a lower court’s rejection of a guarantor’s duress defense in the face of a $58...more

Ultra Petroleum Bankruptcy Court Again Allows Make-Whole Premiums, Postpetition Default Interest—At Least For Solvent Debtors

In a much-anticipated decision issued on October 26, the Bankruptcy Court for the Southern District of Texas awarded make-whole premiums and post-petition interest (i.e., interest accruing after the bankruptcy filing) to...more

Energy Newsletter - June 2020

The Impact of COVID-19 on Nuclear Electricity Sales Contracts in France - The electricity sector, like numerous others in France, has been heavily affected by the economic shutdown due to the COVID-19 pandemic. The...more

Energy Newsletter - May 2020

Energy Explosion: 10 Trends to Watch in Energy Restructuring - On April 20, 2020, U.S. benchmark crude traded negative for the first time. This drastic drop in price was caused by the perfect storm of the Saudi...more

Energy Explosion: 10 Trends to Watch in Energy Restructuring

On April 20, 2020, U.S. benchmark crude traded negative for the first time. This drastic drop in price was caused by the perfect storm of the Saudi Arabia-Russia price war and the novel Coronavirus...more

Energy Newsletter - August 2019

Significant Changes to FERC’s Rules for Market-Based Rate Sellers - On July 18, 2019, the Federal Energy Regulatory Commission (“FERC”) issued two orders modifying its rules for sellers to obtain or retain authorization...more

Energy Newsletter - July 2019

Choose Your Own Adventure: Farmouts of International Oil & Gas Interests and the AIPN 2019 Model Form - When I teach about the Association of International Petroleum Negotiator’s (AIPN) Model International Farmout...more

Fifth Circuit Denies Post-Petition Default Interest to Fully Secured Creditors

On June 14, 2019, the U.S. Court of Appeals for the Fifth Circuit issued an opinion affirming bankruptcy and district court decisions finding that, under the terms of the confirmed Chapter 11 bankruptcy plan, the debtor’s...more

Third Circuit Rules Intercreditor Agreement Doesn't Apply to Plan Distributions

On June 19, 2019, the U.S. Court of Appeals for the Third Circuit (the “Court”) issued a decision concerning the distribution of collateral under an intercreditor agreement—finding that adequate protection payments and plan...more

Fifth Circuit Allows Shareholder-Creditor To Block Bankruptcy Filing

On May 22, 2018, the U.S. Court of Appeals for the Fifth Circuit (the “Court”) upheld a bankruptcy court’s ruling that a shareholder could exercise the right granted to it in the debtor’s organizational documents to block a...more

Energy Newsletter - August 2017

Practical Issues Under Joint Operating Agreements Relating to Withdrawals, Transfers and Changes in Control - In light of their long term objectives and potential future transactions, parties should consider the...more

Third Circuit Rejects Unsecured Oil Producers’ Claims of Automatic Perfection

On July 19, 2017, the U.S. Court of Appeals for the Third Circuit (the “Court”) issued an opinion, upholding a district court’s ruling that downstream purchasers took oil purchased from a bankrupt intermediary, SemGroup L.P....more

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