The Delaware Court of Chancery’s October 1, 2018 decision in Akorn Inc. v. Fresenius KABI AG (“Akorn”) marked the first time that any...
Enforceability of “material adverse effect” clauses under Delaware law: Practical Lessons from Akorn
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Industry News
Tangential marijuana connection may pose a bankruptcy problem
A Colorado bankruptcy court judge threw out two debtors’ chapter 11 cases because of marijuana connections; the debtors manufacture...
Circuits split on Section 547 valuation methods
Last week, the 3rd circuit weighed in on the proper valuation method to be used in the context of a preferential transfer under Section...
Supreme Court issues key ruling on mortgage foreclosure litigation resolving split amongst the circuits
In Obduskey v. McCarthy & Holthus, LLP, 2019 WL 1264579, ___ S. Ct. ___, (Mar. 20, 2019), the United States Supreme Court unanimously...
First Circuit Court of Appeals issues opinion clarifying source of Bankruptcy Court’s Jurisdiction
On June 2, 2017, the First Circuit Court of Appeals issued a decision in Gupta v. Quincy Med. Ctr., No. 15-1183, 2017 WL 2389407 (1st Cir....
Exclusion of account name considered material false oath
A debtor was denied discharge for omitting an account’s name –– but including the account’s value –– on his Schedule B filing. According...
How to enforce foreign country money judgments against U.S. assets
What happens when a creditor receives a money judgment from a non-U.S. tribunal, but the judgment debtor’s assets are located within the...
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