New York Law Journal | Commentary
By Rachel Ehrlich Albanese, Dennis O'Donnell and Matthew Sarna | September 16, 2024
Debtors should carefully consider the impact of these contingencies in evaluating whether noncompete clauses survive rejection. Stepping back, companies should also review how they use noncompetes and explore other methods of safeguarding confidential data, intellectual property and trade secrets.
New York Law Journal | Commentary
By Kenneth A. Rosen | September 16, 2024
How do you check on a company's creditworthiness when the company is privately held and does not make its financial statements publicly available? The answer is that you need to check alternative sources of information for hints as to whether the company is experiencing problems.
By Nicole M. Sweeney and Megan M. Wasson | September 12, 2024
The U.S. Trustee has recently taken the position that GUC Trusts (creditor trusts formed under bankruptcy plans) should be required to pay fees on account of their own disbursements to creditors. The outcomes in three recent bankruptcy cases highlight different approaches to addressing the U.S. Trustee's argument: closing bankruptcy cases early, deferring the issue to a later date, or focusing on the distinction between contingent and non-contingent assets.
By Charles Toutant | September 11, 2024
The judge dismissed the bankruptcy after McElroy Deutsch asserted that John Dunlea's "Chapter 11 petition is intended to frustrate the legitimate efforts of a creditor to enforce its rights against the debtor."
By The News Service of Florida | September 11, 2024
U.S. Bankruptcy Judge Christopher Lopez issued an order approving the sale of three hospitals in Brevard and Indian River counties to Orlando Health.
By Jim Saunders | News Service of Florida | September 9, 2024
A bankruptcy judge is scheduled Tuesday to hold a hearing on Orlando Health's proposed purchase of three hospitals in Brevard and Indian River counties,…
The Legal Intelligencer | Commentary
By Francis J. Lawall and Heather P. Smillie | September 9, 2024
In a recent decision, the U.S. Court of Appeals for the Third Circuit employed such an analysis and ordered the unwinding of a transaction involving transfers which passed through multiple related parties.
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | September 6, 2024
Two opinions illustrate the ways the bankruptcy code can present significant risks to lenders even after the lender receives payments in accordance with loan agreements or even a court order.
By Amanda Bronstad | September 5, 2024
More than a decade after taking on Johnson & Johnson with the first trial linking baby powder to ovarian cancer, attorney Allen Smith on Wednesday signed off on a proposed bankruptcy plan after negotiating for an additional $1 billion.
By Dan Roe | September 4, 2024
The past month saw numerous partner moves as law firms jockey for talent in the busy practice area.
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