Finders/Keepers
March 29, 2010
Assume that your client has been sued by a former employee, and that a post-termination electronic search of the employee's laptop uncovers e-mails to legal counsel. Now what?
On the Move
March 26, 2010
Who's doing what; who's going where.
Proposed Revisions to Rule 2019
March 26, 2010
Bankruptcy Rule 2019, an often-ignored pivotal procedural rule in U.S. bankruptcies, has returned to the public eye. This reemergence stems from two recent decisions from the influential Bankruptcy Court for the District of Delaware as well as the controversial pending amendments to Rule 2019 proposed by the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States.
Does Rule 2019 Apply to Ad Hoc or Informal Committees?
March 26, 2010
The debate over whether ad hoc or informal committees or groups of creditors or interest holders ("ad hoc committees") must comply with Bankruptcy Rule 2019 recently intensified due to a split among several Bankruptcy Court decisions.
Second Circuit: 502(d) Does Not Apply to Administrative Claims
February 23, 2010
In <i>ASM Capital, LP v. Ames Department Stores, Inc.</i> the Second Circuit Court of Appeals (the "Second Circuit") held that ' 502(d) of the Bankruptcy Code, which disallows claims until the claimant has returned all voidable preferential payments and other voidable transfers from the debtor's estate, does not apply to disallow administrative claims under 503(b).
Substantial Contribution Claims
February 23, 2010
Where a creditor retains a professional to advance a particular position in a Chapter 11 case whose efforts result in the making of a substantial contribution to the case, such creditor can potentially get reimbursed for all of its out-of-pocket expenses, including for reasonable compensation for professional services rendered.
Defending the Preference and Fraudulent Transfer Safe Harbor
February 23, 2010
As shown in this article, some lower courts have inconsistently enforced the safe harbor provisions in the preference and fraudulent transfer context, generating costly litigation for the asserted cause of creditor recovery.
On the Move
January 26, 2010
Who's going where; who's doing what.
The Treatment of Intellectual Property Under Bankruptcy Law
January 26, 2010
As the economy contracts and many companies are facing bankruptcy, a key question concerns the status of the IP that may have been assigned, transferred, sold or licensed if one of the parties to the transaction declares bankruptcy. This article discusses the issue.
