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ABI Journal

Rochellel's Daily Wire

March 28, 2016

Second Circuit Closes Loopholes in ‘Safe Harbor’ to Protect Selling LBO Shareholders

Creditors, not just trustees, are barred from suing by Section 546(e).

2nd Circuit

March 28, 2016

Second Circuit May Be Trimming Back Doctrine of Equitable Mootness

Another circuit joins the trend toward limiting the doctrine of equitable mootness.

2nd Circuit

March 17, 2016

Madoff Investor’s Suspicion of Fraud Does Not Generate Greater Liability

The right paper trail helps avoid liability for profiting from a Ponzi scheme.

2nd Circuit, New York, New York Southern District

March 10, 2016

Ruling on Texas Law, New York Judge Upsets Oil and Gas Pipelines

Protections for oil and gas pipelines undermined in Sabine Oil reorganization.

2nd Circuit, New York, New York Southern District

February 19, 2016

Madoff Trustee Beats Back Another End Run Around $7.2 Billion Settlement

Someone who pays $7.2 billion is entitled to a court’s sympathy and protection.

2nd Circuit, New York, New York Southern District

February 16, 2016

Defrauded Customers Make Introducing Broker Eligible for Liquidation under SIPA

SIPC steps in to help pay claims of defrauded customers of introducing broker.

2nd Circuit, New York, New York Southern District

February 04, 2016

Subjective Bad Faith Alone Is Sufficient to Warrant Dismissal

District judge reads the tea leaves on Second Circuit standard for dismissal.

2nd Circuit, Connecticut

January 20, 2016

Involuntary Dismissed to Prevent Using Court Like a ‘Rented Battlefield’

Manhattan judge won’t allow using the court like a collection agency in two-party dispute.

2nd Circuit, New York, New York Southern District

January 19, 2016

Minimal Activities in Foreign Liquidation Are No Basis for Chapter 15 Recognition

Judge Gerber pens a treatise on consequences of bad-faith chapter 15 filing.

2nd Circuit, New York, New York Southern District

January 15, 2016

No ‘Innocent Insider’ Exception to In Pari Delicto in New York, Judge Holds

New York becomes even more inhospitable to trustees facing in pari delicto defense.

2nd Circuit, New York, New York Southern District