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The Privilege Is All Mine: What Happens To A Corporation's Attorney-Client Privilege In Bankruptcy? 29 Jul 2013 | 08:25 pm
It's well-established that a corporation has an attorney-client privilege and can assert it to keep communications between the corporation and its attorneys confidential. When a corporation is solvent...
Video Of Testimony Before ABI Commission To Study Reform Of Chapter 11 7 Jun 2013 | 10:59 pm
As mentioned in a recent blog post, the American Bankruptcy Institute has established a Commission to Study the Reform of Chapter 11. A video of testimony before the Commission's June 4, 2013 field he...
ABI Commission To Study The Reform Of Chapter 11 4 Jun 2013 | 08:42 pm
The American Bankruptcy Institute has established a Commission to Study the Reform of Chapter 11. This afternoon, June 4, 2013, I will be testifying before the Commission about intellectual property ...
Do Trademark Licensees Have Reason For Hope? New Article Discusses Recent Decisions On Trademark Licenses And Bankruptcy 24 May 2013 | 02:58 am
I have written a number of times on the blog about the impact of bankruptcy on trademark licenses, in particular what happens to trademark licensees whose licensors file bankruptcy. Trademark licensee...
Ninth Circuit Opens The Door To Recharacterization Of Debt As Equity 9 May 2013 | 01:52 am
In bankruptcy, prepetition loans made by insiders are often investigated, and sometimes challenged, by debtors, creditors' committees, or trustees. The two most frequent challenges brought are that (1...
Spring 2013 Edition Of Bankruptcy Resource Now Available 12 Apr 2013 | 12:43 am
The Spring 2013 edition of the Absolute Priority newsletter, published by the Bankruptcy & Restructuring group at Cooley LLP, of which I am a member, has now been released. The newsletter gives update...
Seventh Circuit Decision Gives Support To Protecting Buyers In Bankruptcy Sales From Successor Liability 2 Apr 2013 | 10:44 pm
Last week, the U.S. Court of Appeals for the Seventh Circuit addressed whether a buyer of assets outside of bankruptcy (in this case, from a receivership), takes on successor liability for federal Fai...
Official Bankruptcy Forms Revised To Reflect April 1, 2013 Dollar Amount Adjustments 1 Apr 2013 | 10:09 pm
As discussed in an earlier post called "Going Up: Bankruptcy Dollar Amounts Will Increase On April 1, 2013," various dollar amounts in the Bankruptcy Code and related statutory provisions were increas...
Using Chapter 11 Bankruptcy's Sale Process To Achieve An Exceptional Sale Price 11 Mar 2013 | 07:56 pm
A Difficult Problem. Imagine that your company is facing a government investigation, requiring you to spend hundreds of thousands of dollars in legal fees and costs, while being threatened with substa...
Going Up: Bankruptcy Dollar Amounts Will Increase On April 1, 2013 27 Feb 2013 | 03:59 am
It hasn't gotten much publicity yet, but certain dollar amounts in the Bankruptcy Code will be increased for new cases filed on or after April 1, 2013. Follow this link for a chart listing all of the ...
