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  • Article

    Federal Government Increases Crackdown On Illegal Sale Of Vapes

    The U.S. Food and Drug Administration (FDA) has recently filed civil actions in federal court highlighting a crackdown on a black market that, in many cases, exists in plain sight.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    Fifth Circuit Rejects Non-Pro Rata Uptier Transaction From Serta Simmons; Landmark Ruling May Have Chilling Effect On Similar Uptier Transactions

    On December 31, a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit (the Court or the Fifth Circuit) held that the controversial $200 million Serta Simmons Bedding (SSB) uptier financing transaction that was available only to a subset of SSB's lenders violated the "sacred right" to pro rata payment under the existing credit agreement.
    United States
Insolvency/Bankruptcy/Re-Structuring
Lowenstein Sandler LLP
Lowenstein Sandler LLP
  • Video

    Monetizing Preference Claims In Bankruptcy: Fifth Circuit Decision Contributes To Growing Trend (Video)

    Today Eric Chafetz and Brittany M. Clark discuss the South Coast Supply Company bankruptcy case, where the Fifth Circuit ruled that preference claims can be sold and pursued...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    SAFE ASSUMPTION: Another Court Rules That Payments Under An Assumed Contract Cannot Be Clawed Back As Preferences

    Trade creditors receiving payments from distressed customers under supply agreements and executory contracts gained important protection through a recent Iowa bankruptcy court decision. The court ruled that when a debtor assumes an executory contract under section 365 of the Bankruptcy Code, the bankruptcy estate cannot later claw back pre-bankruptcy payments under that same contract as preferences under section 547, establishing these as mutually exclusive remedies.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Video

    Stub Rent: What The Rite Aid Ruling Means For Landlords And Debtors (Video)

    In this episode of the Lowenstein Bankruptcy Lowdown, partners Andrew Behlmann and Daniel B. Besikof explore one of the most contested issues in large Chapter 11 cases: stub rent.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    The Obligations And Responsibilities Of Creditors' Committees In Crypto Bankruptcies (Video)

    In this episode of the Lowenstein Bankruptcy Lowdown, Andrew Behlmann and Phillip Khezri discuss the role of a creditors' committee in Chapter 11 crypto bankruptcy cases in investigating, preserving...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    The Role Of A Creditors' Committee To Investigate, Preserve, And Pursue Causes Of Action In Crypto Bankruptcies

    Lowenstein Sandler's previous articles on crypto bankruptcies discussed the role of a creditors' committee in protecting the rights of customers and confirmation issues arising in crypto cases.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    Taking The Right Steps To Navigate The Consent To Settle Provision In An Insurance Policy And Maintaining The Right To Coverage Even After A Stumble

    Insurers often try to withhold, or at least minimize, coverage by taking the position that a policyholder has failed to keep the insurer sufficiently informed throughout the defense of an underlying matter...
    United StatesInsurance
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    Tax Reform 2025: What The OBBBA Means For Startups & Venture Capital + QSBS In New Jersey

    On July 4, 2025, the One Big Beautiful Bill Act (OBBBA) was enacted into law. The OBBBA extends and expands numerous tax provisions from the Tax Cuts and Jobs Act of 2017 (TCJA)...
    United StatesTax
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    Crypto Brief

    Lowenstein Crypto advises leading digital asset and cryptocurrency projects, exchanges, and trading firms. Our c and structuring advice, investigations...
    United StatesTechnology
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    Crypto Brief

    Lowenstein Crypto advises leading digital asset and cryptocurrency projects, exchanges, and trading firms. Our practice covers regulatory advice, transactions and structuring advice, investigations, and adversarial matters including commercial disputes, bankruptcy, and related litigation
    United StatesTechnology
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    Crypto Brief

    Lowenstein Crypto advises leading digital asset and cryptocurrency projects, exchanges, and trading firms.
    United StatesTechnology
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    Anthropic Reports First Known AI-Orchestrated Cyber Espionage Campaign: Raising Stakes For Data Security

    On November 13, AI company Anthropic reported that its Threat Intelligence team had disrupted a state‑sponsored Chinese threat actor conducting what is believed to be the first largely autonomous AI‑orchestrated cyber espionage campaign.
    United StatesTechnology
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    The No Fakes Act And The Right Of Publicity In The Age Of Generative AI

    The generative AI market is growing rapidly and is estimated to increase from $40 billion to $1.3 trillion by 2032.
    United StatesTechnology
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    Notable Russia And Belarus Trade Controls In Response To The Ongoing Conflict In Ukraine

    As an update to Lowenstein's previous alert, "Notable U.S. Sanctions and Export Controls Levied Against Russia and Belarus in Response to the Ongoing Conflict in Ukraine," below is an overview of additional...
    GlobalInternational Law
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    Corporate Governance Takeaways Following Rescission Of Elon Musk's $55.8 Billion Equity Compensation Package

    "Was the richest person in the world overpaid?" That's how the Delaware Court of Chancery began the 200-page opinion in Tornetta v. Musk to rescind Elon Musk's entire $55.8 billion 10-year equity compensation package ...
    United StatesCorporate/Commercial Law
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    SEC Proposes To Ease Reporting Burden For Public Companies With Semiannual Reporting

    On May 5, 2026, the Securities and Exchange Commission (SEC) proposed rule and form amendments that would give companies the option to file semiannual reports on new Form 10-S rather...
    United StatesCorporate/Commercial Law
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    Section 16(a) Compliance For Foreign Private Issuers: Final Rules Adopted And March 18 Deadline Approaching

    In our prior client alert, we reported on the enactment of the Holding Foreign Insiders Accountable Act1 (HFIAA), which extends Section 16(a) insider reporting...
    United StatesCorporate/Commercial Law
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    Inside The Cyber Criminal Mind With eSentire (Video)

    On this episode of Lowenstein Sandler's Cybersecurity Awareness Series, learn how our partner, eSentire, helps protect our firm from the latest cyber attacks.
    United StatesTechnology
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Article

    SEC Safeguarding Rule Proposal: What A Crypto Investment Adviser Needs To Know

    On February 15, 2023, the U.S. Securities and Exchange Commission (SEC) released a proposed rule change (the Proposed Rule) redesignating the "custody rule" (i.e., Rule 206(4)-2 of the Investment...
    United StatesTechnology
    Lowenstein Sandler LLP
    Lowenstein Sandler LLP
  • Showing 481–500 of 1048 results

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