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Navigating the Cybersecurity Storm: A Guide for Directors and Officers
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Read MoreFrequent and Favorite Topics: Fraudulent transfer, recharacterization and equitable subordination
In re SGK, a recent case out of the bankruptcy court for the Northern District of Illinois, touches upon a number of frequent and favorite topics, including fraudulent transfer, recharacterization and equitable subordination. Background Before its Chapter 11 filing in 2013 and before...
Read MoreEDNY: Nondebtor Alter Egos Don’t Automatically Benefit from the Automatic Stay, Says New York’s Eastern District
Just what actions are stayed by virtue of a debtor’s bankruptcy filing? And who is protected by that automatic stay? The long answer to those questions is complex, but a decision issued this summer illustrates some of the considerations to be taken into account in assessing the length...
Read MoreCybersecurity
A “Safer” Safe Harbor: U.S. companies face the impact of the ECJ’s Schrems ruling
On October 6, 2015, the European Court of Justice (ECJ) issued a ruling in Schrems v. Data Protection Commissioner that invalidated the European Commission’s decision that the data privacy principles of the U.S.-EU “safe harbor” – pursuant to which U.S. companies transfer...
Read MoreLitigation
Sanchez v. Valencia Holding Co., LLC: The California Supreme Court rejects a post-Concepcion unconscionability challenge in a consumer-fraud class action and compels arbitration
California has been a battleground for litigants testing whether and under what circumstances mandatory arbitration provisions and class action waivers will be enforced. A recent decision from the California Supreme Court, Sanchez v. Valencia Holding Co., No. S199119, 2015 WL 4605381 (Cal. Aug. 3...
Read MoreBankruptcy & Restructuring
Lien-Stripping Landscape More Hospitable to Debtors: Decisions suggest avoiding a lien on real property may be permissible
Lien stripping is a topic that has frequently been in the bankruptcy news this summer in light of the U.S. Supreme Court’s recent decision in Bank of America v. Caulkett. Post-Caulkett, we here at the Weil Bankruptcy Blog queried whether the Dewsnup rule that liens could ride through a...
Read MoreLitigation
Supreme Court Trues Up False Claims: Recent decision limits impact of wartime suspension and first-to-file bar on FCA suits
On May 26, 2015, the Supreme Court ruled on two significant questions impacting FCA claims – (1) whether the Wartime Suspension of Limitations Act (“WSLA”) tolls the statute of limitations in civil FCA cases during times of war; and (2) whether a first-filed case is still deemed...
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