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June 11, 2018

A waiver in a KERP is enforceable even if it violates state labor law, Judge Carey rules.

June 06, 2018

To warrant ‘designation,’ a claim purchaser must have an ‘ulterior motive’ beyond self-interest.

June 04, 2018

Section 502(b)(4) shields debtors from overreaching lawyers in a new context.

June 01, 2018

Ten years later, courts are still sorting out who’s liable for Old GM’s failure to disclose a known defect.

May 31, 2018

Although there may be standing to appeal, failure to object can bar an appeal under doctrines of waiver or forfeiture.

May 30, 2018

Supreme Court’s subsequent Epic decision casts doubt on opinions overriding arbitration agreements in the bankruptcy context.
Circuit splits persist because the Supreme Court ducks fraudulent transfer cases.

May 24, 2018

The appeals court avoids ruling broadly on the ability of a golden share or blocking provision to bar a company from filing bankruptcy voluntarily.

May 23, 2018

Unlike Rodney Dangerfield, Jevic workers get respect when Delaware judge rejects a new settlement they dislike.

May 21, 2018

A ‘cert’ petition is in the works to resolve the circuit split from Lubrizol regarding the rejection of trademark licenses.