February 22, 2019
Thirty-five years later, the Supreme Court might reverse Lubrizol.
Thirty-five years later, the Supreme Court might reverse Lubrizol.
February 20, 2019
Although the parties were sophisticated, New York judge finds that a liquidated damages clause was actually an unenforceable penalty.
Although the parties were sophisticated, New York judge finds that a liquidated damages clause was actually an unenforceable penalty.
January 7, 2019
Operations must continue for a debtor to invoke Section 1114 in a chapter 11 liquidation, Eleventh Circuit says.
Operations must continue for a debtor to invoke Section 1114 in a chapter 11 liquidation, Eleventh Circuit says.
December 4, 2018
A tenant with a rejected lease retains ‘recoupment’ rights in addition to the protections in Section 365(h).
A tenant with a rejected lease retains ‘recoupment’ rights in addition to the protections in Section 365(h).
October 31, 2018
Fifth Circuit leaves the door open to preventing automatic rejection if the existence of an executory contract is intentionally undisclosed.
Fifth Circuit leaves the door open to preventing automatic rejection if the existence of an executory contract is intentionally undisclosed.