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A Push for Unanimity in the ABI Commission Report Leaves Important Issues...
After more than two years of study on what needs fixing, the ABI Reform Commission proposed hundreds of discrete recommendations on refurbishing the Bankruptcy Code. The 396 page report addresses a...
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I’ve Just Learned My Customer is a Crook – Do I Have to Return the Money He’s...
Suppliers of good and services (“trade creditors”) generally have no duty to determine whether their customers are operating an illegal enterprise. However a recent Fifth Circuit opinion presents an...
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Can Estate Professionals Be Paid if Their Efforts Produce Nothing of Substance?
In the mid-1990’s I represented several trade creditors in a contentious Chapter 11 bankruptcy called Pro-Snax. At the creditors’ request, the bankruptcy court directed the appointment of a Chapter 11...
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Substance Triumphs Over Form in American Housing Foundation
Section 510(b) of the Bankruptcy Code permits the subordination of certain claims to all claims or interests senior or equal to the security on which the claim is based. A recent Fifth Circuit opinion...
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The Recharacterization Doctrine is Ripe for Supreme Court Review
When a bankruptcy court ‘‘recharacterizes’’ debt, it causes something the parties have identified as debt to be converted into equity. Unlike an equitable subordination analysis, in which courts...
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The Fifth Circuit Takes a Mulligan
I previously commented on a controversial fraudulent transfer opinion issued by the Fifth Circuit Court of Appeals. In Janvey v. The Golf Channel, 780 F.3d 641 (5th Cir. 2015) (the “First Janvey...
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Equitable Mootness: Concurring Opinions in Conflict
On August 4, 2015, we posted: “Equitable Mootness In The Third Circuit: Dead Or Alive?”, which analyzed the Third Circuit’s opinion in In re One2One Communications. The post predicted that Judge...
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Bankruptcy Court Leaves Parties Guessing On Cram-Down Interest Rate
Parties continue to skirmish over the sufficiency of the “cram-down” interest rate required to confirm a Chapter 11 plan over a secured lender’s objection. Currently bankruptcy courts will give some...
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How the Casino Kept Its Chips from a Bankruptcy Claw-Back
Insiders who loot their corporate entities often dispose of the cash proceeds in transactions with third parties. A recent Seventh Circuit opinion, In re Equipment Acquisition Resources, Inc., 14-2174...
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Is Chapter 11 a Painless Solution for Guarantors?
Owners of small business entities are frequently required to guaranty the debts of such entities. Those business entities might later file for Chapter 11, and may be able to achieve confirmation of a...
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GDPR实施一周年及国家监管机构职责回顾
2019年5月25日，GDPR实施已满周年，一年实施期间让众多跨境企业尤其是在欧洲市场开展业务的跨境企业如履薄冰，社会各界对于GDPR是非功过莫衷一是。周年之际，欧洲数据保护委员会发布官方周年报告First Overview On the Implementation of the GDPR and the Roles and Means of the National Supervisory...
View Article工程内部承包与挂靠的识别问题
近日某客户要求审查公司内部承包经营合同，经通读全文并与客户确认后发现，客户拟通过签署公司内部承包合同的形式，实现工程资质挂靠之实。因此，本着格物致知的精神，尽可能全面地梳理了内部承包与挂靠相关的法律规范（包括法律、法规、司法解释、地方司法性文件），以探究内部承包与挂靠的“罗生门”。 一、内部承包与挂靠的相关法律规范 《关于改革国营施工企业经营机制的若干规定》...
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1587年与1768年——A YEAR OF NO SIGNIFICANE?
万历十五年，亦即公元1587年，在西欧历史上为西班牙舰队全部出动征英的前一年，而在中国，这平平淡淡的一年中，发生了若干为历史学家所易于忽视的事件。这些事件，表面看来似末端小节，但实质上却是以前发生大事的症结，也是将在以后掀起波澜的机缘。在历史学家黄仁宇的眼中，其间的关系因果，恰为历史的重点，而我们的大历史之旅，也自此开始...... 叫魂——1768年中国妖术大恐慌 万历十五年——无关紧要的一年
View ArticleTruth
謊言的代價是什么What is the cost of lies? 并不是它會被錯當成真相It’s not that we’ll mistake them for the truth. 真正的危險是：如果我們聽了太多謊言The real danger is that if we hear enough lies, 會再無法分辨出真相then we no longer recognize the...
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NYC Employee Leave Rights under the Coronavirus / COVID-19 Pandemic
Workers in New York are protected under existing and new federal laws, as well as state laws. In addition to federal and state laws, employees who work in New York City are also entitled to...
View ArticleDHS Announces Temporary Flexibility in I-9 and E-Verify Requirements During...
In response to the new challenges presented by the coronavirus pandemic, the Department of Homeland Security (DHS) has announced temporary flexibility in the requirements for completing Form I-9,...
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Changing Paths: Becoming an Attorney as a Second Career
This week we welcome back guest writer Mark Livingston to talk about his path to becoming an attorney after another career. During the 20th Century, it was common for people to have one job for a...
View ArticlePrivacy v. Speech? Supreme Court to Weigh in on TCPA Restrictions on...
The Supreme Court on May 6, 2020 heard oral argument on a widely-watched First Amendment case that may have broad ramifications for the Telephone Consumer Protection Act and, potentially, government...
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Artificial Intelligence, COVID-19 and the Tension between Privacy and Security
As the world continues to deal with the unprecedented challenges caused by the COVID-19 pandemic, Artificial Intelligence (AI) systems have emerged as a potentially formidable tool in detecting and...
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