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Outsourcing the data centre to a carrier neutral data centre operator in Europe
Find out how to drive down the cost of your IT environment--and drive up the reliability and quality of your service--by outsourcing your data center.
Sponsored by: Telecity Group
Date: October 2009 |
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D&O Insurance: Will It Be Available After a Chapter 11 Filing?
D&O Insurance is a complicated product that requires close scrutiny. Directors and officers should actively participate in the purchase and negotiation of a policy, especially...
Company: Goodwin Procter
Date: December 2002 |
Goodwin Procter |
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EETCS in the Downturn: An Assessment
Aircraft are expensive. With the limited ability of the bank market to absorb the massive financing requirements of these capital expenditures, the airlines, aided by...
Company: Ronald Scheinberg
Date: January 2003 |
Ronald Scheinberg |
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Enron Corp. and Related Entities Legal and Strategic Issues Affecting Creditors of Enron
Paper provides information to every person (lenders, bondholders, banks, and other creditors, including trading counterparties) that is engaged in transactions with Enron and/or its direct...
Company: Orrick, Herrington & Sutcliffe
Date: December 2001 |
Orrick, Herrington & Sutcliffe |
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Enron Litigation -- The Shape of Things to Come
Enron’s financial collapse already has spawned several lawsuits and investigations and more seem inevitable in the wake of the Enron Chapter 11 filings on December...
Company: Orrick, Herrington & Sutcliffe
Date: December 2001 |
Orrick, Herrington & Sutcliffe |
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Enron’s Unsecured Creditors and the Road Ahead
The extraordinary complexity of the Enron bankruptcy will make it difficult for the Creditors’ Committee to take a position on almost any issue of consequence...
Company: Orrick, Herrington & Sutcliffe
Date: December 2001 |
Orrick, Herrington & Sutcliffe |
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Environmental Claims and Bankruptcy - Managing Liabilities on an Uneven Playing Field
With increasing frequency, troubled businesses are choosing to resolve their problems in bankruptcy courts across the country. Prohibitive costs of environmental clean up can precipitate...
Company: Goodwin Procter
Date: January 2002 |
Goodwin Procter |
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Expanding the Scope of the Authority of a Litigation Trustee
Article discusses about the claims of the debtor or estate, assignment of creditors' claims to the litigation trustee, limitations on the litigation trustee's pursuit of...
Company: Reed Elsevier
Date: January 2003 |
Reed Elsevier |
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Overstatement of Goodwill In Audited Financial Statements Does Not Bar Suit Against Valuation Advisor
The world of bankruptcy gives a lesson in accountant liability, clarifying two important concepts: proximate cause and the economic loss doctrine. “Proximate cause” sounds like...
Company: Downs Rachlin Martin
Date: December 2001 |
Downs Rachlin Martin |
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On the Brink of Bankruptcy: Assisting Clients in Financial Distress
The paper discusses that the problem with many bankruptcy filings is that the debtor is not being set up to get genuine relief. The debtor...
Company: Cincinnati Bar Association Report
Date: January 2003 |
Cincinnati Bar Association Report |
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Recent Bankruptcy Decision Reflects Changing D&O Landscape
On November 15, 2002, Judge of United States Bankruptcy Court for the Southern District of New York, issued the attached decision, which resolved various motions...
Company: Duane Morris
Date: January 2003 |
Duane Morris |
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Tenant May Not Have To Pay Full Rent for the Month of Bankruptcy
This is a case study that shows that a tenant may not have to pay full rent for the month it went into bankruptcy, even...
Company: Reed Elsevier
Date: June 2003 |
Reed Elsevier |
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The Sale of Trademarked Inventory in Bankruptcy: Pitfalls for Trademark Owners
In the information age and in the destabilization of the dot-com market, intellectual property assets represent an increasingly important aspect of loan transactions and insolvency...
Company: Reed Elsevier
Date: January 2003 |
Reed Elsevier |
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The Trade Creditor, Bankruptcy, and the Automatic Stay: Four Things Unsecured Trade Creditors Can Do When Collection Efforts are Automatically Stayed
Article deduces that in the world of commerce, the use of unsecured trade credit to facilitate transactions is commonplace. Sooner or later almost every trade...
Company: Reed Elsevier
Date: May 2003 |
Reed Elsevier |
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Selected Intellectual Property Issues Arising in Bankruptcy Cases
Section 365 of Title 11 of the United States Code (the “Bankruptcy Code”) allows a trustee or debtor in possession to assume and assign or...
Company: Dechert
Date: January 2003 |
Dechert |
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Solving Uncertainties Raised by D&O: "Entity Coverage" and Bankruptcy
Some dotcoms presently face the specter of filing for bankruptcy or liquidating their assets. Those that file for bankruptcy likely will be unable to honor...
Company: Howard Rice Nemerovski Canady Falk & Rabkin
Date: January 2003 |
Howard Rice Nemerovski Canady Falk & Rabkin |
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The Effect of Bankruptcy on Technology Licenses
The number of bankruptcy filings has been on the rise, and many of these cases involve companies that use or distribute proprietary software and computer...
Company: Klett Rooney Lieber & Schorling
Date: January 2003 |
Klett Rooney Lieber & Schorling |
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The Impact of State Insolvency Laws on Termination and Set-Off Rights in Derivatives Transactions with U.S. Insurance Companies
Article reckons that as the presence of U.S. Insurers in the derivatives markets, both as direct parties and as providers of credit enhancement, increases, so...
Company: Stroock & Stroock & Lavan
Date: January 2003 |
Stroock & Stroock & Lavan |
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The Interface Between Bankruptcy, Dissolution and Community Property: The Maginot Line
Bankruptcy and marriage frequently turn out to be an unhappy combination. At its best, bankruptcy is a tool for newlyweds to “cleanse” one of the...
Company: Sheena R. Aebig
Date: April 2002 |
Sheena R. Aebig |
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Health Law: Tips for Troubled Times
Bankruptcy, receivership, sale, closure: once unthinkable events for nonprofit hospitals, they are occurring with increasing regularity around the country. Western Pennsylvania has witnessed the collapse...
Company: Kirkpatrick & Lockhart
Date: February 2003 |
Kirkpatrick & Lockhart |
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Treatment of Utility Regulators & Stakeholders in Bankruptcy Proceedings
Many types of debtors in bankruptcy proceedings are subject to various forms of regulation that potentially could conflict with the bankruptcy process. For example, financial...
Company: McGuireWoods
Date: January 2003 |
McGuireWoods |
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Accountability : What's in Store
Since December 2, 2001 the accounting industry has been in turmoil. Stories of suspect accounting practices and the largest bankruptcy in the history of economy...
Company: Reed Elsevier
Date: June 2003 |
Reed Elsevier |
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Administrative Claimants Do Not Have Standing To Surcharge Secured Creditor's Collateral
This article explains the provisions of Bankruptcy Code. On May 30, 2000, the United States Supreme Court resolved a split in the circuits regarding whether...
Company: Reed Elsevier
Date: May 2003 |
Reed Elsevier |
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After WorldCom : How Much Consolidation Can U.S. Telecom Regulators Permit?
The article explains how much industry consolidation can telecom regulators permit without significantly impairing competition? It recognize that regulators will judge any merger based upon...
Company: Reed Elsevier
Date: May 2003 |
Reed Elsevier |
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Airline Bankruptcies and Workouts : Lessons Learned
The number one priority for the management of an airline in financial jeopardy is obtaining additional capital. Once that capital has been garnered, the carrier...
Company: Schnader Harrison Segal & Lewis
Date: January 2003 |
Schnader Harrison Segal & Lewis |
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Corporate and Financial Institutions Bulletin
The article is about the corporate and financial institutions bulletin defining the audit committee after Eron’s case. One response to the Enron Corp. Bankruptcy has...
Company: Thacher Proffitt & Wood
Date: April 2002 |
Thacher Proffitt & Wood |
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Automatic Stay Litigation
The mere filing of a bankruptcy petition creates an injunction preventing acts against the Debtor or its assets. The injunction applies to all creditors whether...
Company: Reed Elsevier
Date: June 2003 |
Reed Elsevier |
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Bankrupt Landlord's Sale Terminates Leases
Section 365(h) of the Bankruptcy Code deals with the issue and limits the landlord's power of rejection of the lease by protecting so as to...
Company: Reed Elsevier
Date: July 2003 |
Reed Elsevier |
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Bankruptcy Code Section 304 : Cases Ancillary to Foreign Proceedings
The article explains bankruptcy code for foreign proceedings. Section 304 of the United States Bankruptcy Code, 11 U.S.C. § 304, enables the representative of a...
Company: Dechert
Date: January 2002 |
Dechert |
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Chapter 11: Bankruptcy Process Presents Acquisition Opportunities
The article discusses the bankruptcy code for sale process in Chapter 11. The principal purpose of the Bankruptcy Code is to maximize...
Company: Klett Rooney Lieber & Schorling
Date: January 2003 |
Klett Rooney Lieber & Schorling |
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Chapter 11 Confirmation Issues
The goal of Chapter 11 is reorganization through confirmation of a Plan of Reorganization. There are three steps toward confirming the Plan: (1) obtaining court...
Company: Reed Elsevier
Date: June 2003 |
Reed Elsevier |
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Court Rejects Engagement Letter Terms That Limit Malpractice Claims
The article says that court rejects engagement letter terms that limit malpractice claims. It defines the decision reported by Ernst & Young Capital Advisors LLC,...
Company: Downs Rachlin Martin
Date: November 2001 |
Downs Rachlin Martin |
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Debtor May Avoid Bankruptcy Remote Provisions by Orchestrating Filing of Involuntary Bankruptcy
In order to increase certainty and to decrease the cost of borrowing, lenders have increasingly sought to prevent borrowers from filing bankruptcy petitions by including...
Company: Reed Elsevier
Date: January 2003 |
Reed Elsevier |
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Principal’s Debt to Surety Not Discharged in Bankruptcy
The article says about diversion of progress payments to pay expenses on another project constitutes breach of fiduciary duty owed to surety arising from express...
Company: Stradley Ronon Stevens & Young
Date: October 2002 |
Stradley Ronon Stevens & Young |
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Does Your D&O Policy Proctect You in Bankruptcy?
Does a policy adequately protect a bankrupt company’s directors and officers? As the directors and officers of Adelphia Communications Corporation were surprised to learn, the...
Company: Stroock & Stroock & Lavan
Date: August 2003 |
Stroock & Stroock & Lavan |
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Dueling Lawsuits in Enron – The Complaints in the Northern Natural Gas Dispute
From the day the Enron Bankruptcy started, observers wondered whether all the litigation it spawned could be contained within the New York Bankruptcy Courts, where...
Company: Orrick, Herrington & Sutcliffe
Date: December 2001 |
Orrick, Herrington & Sutcliffe |
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Health Maintenance Organization Insolvency: Bankruptcy Jurisdiction or State Proceedings
The Constitution of the United States accords Congress the authority to enact federal laws governing bankruptcies because the constitution does not accord exclusive bankruptcy authority...
Company: Morris, Manning & Martin
Date: January 2003 |
Morris, Manning & Martin |
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Recent Developments in Bankruptcy and Restructuring Vol.2, 4
This article is about bankruptcy jurisdiction over unconsenting states. It states that article I, section 8, clause 4 of the United States Constitution grants Congress...
Company: Jones Day
Date: April 2003 |
Jones Day |
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Courts Divided On Debtors’ Payments To “Critical Vendors” On Entering Chapter 11
The issue of payments to critical vendors remains in flux. At least one court, the Bankruptcy Court for the Northern District of Texas, has ruled...
Company: A.S. Pratt & Sons
Date: August 2003 |
A.S. Pratt & Sons |
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Delaware Bankruptcy Court’s Rulings Threaten Use Of “Lockup Agreements” In Prenegotiated And Prepackaged Plans
In a conventional case under chapter 11 of the federal Bankruptcy Code, a debtor files a bankruptcy petition and then negotiates a reorganization plan and...
Company: The Banking Law Journal
Date: May 2003 |
The Banking Law Journal |
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Third Circuit and Bankruptcy Cases
The article tries to find the best way to buy assets from a distressed company. There is no simple answer to this problem, as it...
Company: WILMER CUTLER PICKERING HALE AND DORR
Date: July 2003 |
WILMER CUTLER PICKERING HALE AND DORR |
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