July 14, 2021
Officers are presumptively disqualified from KERPs, “absent a strong showing that they do not perform any significant role in management,” a district judge in New York says.
2nd Circuit, New York, New York Southern District
June 08, 2021
Recent Supreme Court authority supports the conclusion by Delaware’s Judge Sontchi that law from the jurisdiction of incorporation, not federal common law, determines what is or isn’t a business trust eligible for chapter 11.
3rd Circuit, Delaware
January 11, 2021
District judge explains why veil-piercing is easier to prove in Michigan than elsewhere.
6th Circuit
January 07, 2021
Dissolved by forfeit, a corporation cannot reinstate a charter and may resort to bankruptcy only to liquidate, Judge Eduardo Rodriguez says.
5th Circuit, Texas, Texas Southern District
December 01, 2020
The Eleventh Circuit makes federal common law to nail companies for a deceased affiliate’s pension underfunding.
11th Circuit
December 02, 2019
To avoid liability for an underfunded pension plan, the First Circuit describes a structure for investors to employ when buying a sick company
1st Circuit
September 23, 2019
Continuing the business after buying the assets from the lender at a foreclosure sale doesn’t bring successor liability.
8th Circuit
July 24, 2019
Business judgment rule failed to protect directors of a Georgia bank for approving bad loans.
11th Circuit
May 14, 2019
Fifth Circuit rejects the ‘recodification canon’ to divest bankruptcy courts of jurisdiction over Social Security suits.
5th Circuit
August 29, 2018
By removing the incumbent board, a receiver can bar the old board from filing a bankruptcy petition, the Ninth Circuit holds.
9th Circuit
