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A 2023 update on corporate litigation in the Delaware Court of Chancery, as well as an update on the annual amendments made to the General Corporation Law of the State of Delaware and alternative entity acts, which were all effective as of August 1, 2023. The material statutory amendments discussed...
Introduction The introduction to the final regulations issued under the Corporate Transparency Act (“CTA”) by the Financial Crimes Enforcement Network of the United States Treasury (“FinCEN”) states that, “[i]llicit actors frequently use corporate structures such as shell and front companies to...
On November 21, 2023, the Federal Trade Commission (FTC) approved a resolution allowing it to use “compulsory process in nonpublic investigations involving certain products and services that use or claim to be produced using artificial intelligence (AI) or claim to detect its use.” This allows the...
“Company applicants” — the term may sound vague, but the identities of “company applicants” of reporting companies are just as important under the new federal Corporate Transparency Act (the “CTA”) as the identities of the beneficial owners of those companies. What You Need to Know: The era of...
On October 31, 2023, a Missouri jury awarded the plaintiff class in Sitzer/Burnett v. Nar, et al a $1.78 billion damages verdict against several real estate brokerage companies and the National Association of Realtors, based on a finding that the defendants conspired to fix commission being paid by...
A previous article discussed the rising prevalence of mediation in large chapter 11 bankruptcies, especially its use in previously rare scenarios such as plan confirmation. Part II considers a more traditional mediation topic: adversary proceedings.
Financial Poise Webinars™ announces “Focus on Manufacturing,” a live webinar premiering November 9th at 2:00 PM CST. This webinar is co-produced by West LegalEdCenter™ and part of the “ Chapter 11- Industry Focus 2023 ” series. It will feature Jonathan Friedland (Much Shelist, P.C.); Ken Yager...
I. Introduction: On October 3, 2023, the U.S. Supreme Court held oral argument in Community Financial Services Association of America Ltd. v. Consumer Financial Protection Bureau. This case has potentially widespread implications for the consumer finance industry, as it challenges the...
On November 1, 2023, Candice Kline will speak during the Financial Poise Webinar RESTRUCTURING, INSOLVENCY & TROUBLED COMPANIES 2023. The topic which she will speak on is "Bad Debtor Owes Me Money."
In September, the Consumer Financial Protection Bureau issued guidance on compliance with the Equal Credit Opportunity Act’s adverse action notice requirements for lenders utilizing artificial intelligence in their credit decision process. Specifically, the Bureau noted that lenders may not rely...
Paige Topper will participate in the National Conference of Bankruptcy Judges (NCBJ) 2023 NextGen Program. Each year, the NCBJ NextGen program selects up to 50 "up-and-coming" bankruptcy practitioners who "demonstrate legal excellence in the practice of bankruptcy law" to participate in a four-day...
Notable: Envisioning the Modern ABA - A Practical How-To for Building a Compliant, Scalable JV Agency This session will take an updated, practical look at building compliant joint ventures in today's economic and regulatory climate. Panelists will discuss from both a compliance and operational...
Crypto and Bankruptcy: Where We Are and Where We Are Going This panel discussed the current state of crypto and digital asset bankruptcies. The panelists also revisited hot topics from last year, covered major decisions made, issues still to be decided, and how the law is adapting with this...
Hedge funds and other distressed debt traders buy and sell millions of dollars of distressed securities and bankruptcy claims every day. A number of private equity funds focus exclusively on buying distressed businesses, fixing, and selling them. And fortunes are made when real estate crashes by...