Troubled banks under the FDIC's jurisdiction often end up in conservatorships or receiverships. But bank holding companies that own U.S. banks can file for bankruptcy. And special rules apply in such cases.
A recent Sixth Circuit opinion may rebuke implicitly a controversial holding of the Ninth Circuit Bankruptcy Appellate Panel in 2008, holding that the lien-stripping effect of a sale pursuant to ' 363(f)of the Bankruptcy Code could be unwound on appeal.
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that recently went into effect. It also looks at some recent important cases, including a Delaware Supreme Court decision.
Christine A. Edwards, Edward J. Johnsen
&
Jerry Loeser
Corporate Counsel take note: on Nov. 3, the SEC published proposed Regulation 21F, establishing a program designed to reward individuals who provide the SEC with information leading to successful enforcement actions. The proposal was mandated by Dodd-Frank and sets out procedures under which whistleblowers could qualify for significant monetary awards by providing information to the SEC regarding violations of the federal securities laws.
A central feature of the RRRA was its prohibition, in any rent overcharge complaint, on examination of rental history more than four years old at the time the complaint was filed. In two recent decisions, The Court of Appeals has eviscerated that prohibition.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
