New York Law Journal | Analysis
By Theresa J. Balducci and Mark A. Limardo | September 9, 2024
Under the Corporate Transparency Act (CTA), every "reporting company" must file a "beneficial ownership interest report" (a BOI report) by Jan. 1, 2025 (or, if formed during 2024, within 90 days of formation). In general, every domestic entity and every foreign entity registered to do business in the United States is a reporting company, unless the entity qualifies for exemption.
New York Law Journal | Analysis
By Corinne Ball | August 21, 2024
Beyond the precision that should be present in the pledge agreement, actually divesting control of a company may have unintended consequences.
New York Law Journal | Analysis
By Benjamin M. Daniels and Ileana Polanco Cavazos | August 16, 2024
"'Jarkesy' is another case in a line of cases that question the authority of administrative agencies," write Robinson & Cole's Benjamin M. Daniels and Ileana Polanco Cavazos.
By Theresa A. Driscoll | August 15, 2024
Until now, a successful reorganization assumed the debtor could confirm a plan with nondebtor releases and injunctions based on less than full creditor consensus. Now that nonconsensual releases in Chapter 11 plans are no longer permitted, will debtors have a more difficult time obtaining a 105(a) injunction?
The American Lawyer | Analysis
By Dan Roe | August 12, 2024
Kirkland's favorite bankruptcy destination appears off-limits for now, but competing firms haven't shied from the Southern District of Texas following a 2023 scandal.
New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | July 24, 2024
The impetus for this column was the recent decision in 'Spineway SA v. Strategos Group', in which parties acknowledged that they had agreed to arbitrate their dispute, but disagreed about the arbitral institution and corresponding rules.
New York Law Journal | Analysis
By Thomas Kissane and Samuel Butt | July 11, 2024
This column reports on several recent significant decisions from the United States District Court for the Eastern District of New York. Judge Margo K. Brodie denied defendant's motion for reconsideration in a case involving alleged sexual abuse by a priest. Magistrate Judge Lee G. Dunst granted, but substantially reduced, attorney's fees to plaintiffs' counsel. And Judge Joan M. Azrack granted defendants' motion to dismiss plaintiff's state law discrimination claim under the election of remedies doctrine but allowed plaintiff's federal law discrimination claim to proceed in part.
The American Lawyer | Analysis
By Dan Roe | July 11, 2024
"That was the last time anyone files in EDVA," one Am Law 100 bankruptcy partner said of the formerly popular jurisdiction.
National Law Journal | Analysis|News
By Abigail Adcox | June 13, 2024
Coming off the Biden case, federal prosecutors involved in the case might have their choice of career options, if they choose to head to private practice.
New York Law Journal | Analysis
By Schuyler Carroll and Tia Thevenin | June 7, 2024
Most make-whole provisions are enforceable outside of bankruptcy, but courts have issued conflicting decisions on their enforceability in Chapter 11 cases.
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