ArticleThe Risks Of Urban Brownfield RedevelopmentOn 29 July 2009, the High Court handed down judgment in the so-called Corby Toxic Waste case.United KingdomReal Estate and ConstructionDewey & LeBoeuf LLP
ArticleClimate Change: Slow Progress Is Made In Latest Post-2012 Climate Change NegotiationsThe existing international agreement on climate change, the Kyoto Protocol, runs out in 2012 and there is as yet no successor regime in place.United KingdomEnvironmentDewey & LeBoeuf LLP
ArticleThe Anti-Mortgage Lending ActThe Mortgage Reform and Anti-Predatory Lending Act was approved by the House Financial Services Committee last week and has been sent to the floor for a voteUnited StatesFinance and BankingDewey & LeBoeuf LLP
ArticleUK Wind Power DevelopmentsThere have been various developments in relation to UK on and offshore wind power over the summer.United KingdomEnergy and Natural ResourcesDewey & LeBoeuf LLP
ArticleThe Index Clause: One Way To Stem The Effect Of Inflation On Long-Tail Claims Under Excess-Of-Loss Reinsurance ContractsBecause many insurance claims take years to be settled or adjudicated, inflation tends to increase the cost of these long-tail claims to insurance and reinsurance companies. United StatesInsuranceDewey & LeBoeuf LLP
ArticleWhat’s Yours Is Mine, And What’s Mine Is Mine? SDNY Expands The "Unfinished Business" Doctrine To Include Non-Contingency Client Matters In Possible Dewey PreviewThe recent chapter 11 case of the storied New York law firm, Dewey & LeBoeuf LLP, will raise a host of issues attendant to the dissolution of a modern day "big law" firm partnership. United StatesInsolvency/Bankruptcy/Re-StructuringHogan Lovells Cadwalader
ArticleAntitrust Enforcement: Focus On Criminal CartelsDear Readers, Welcome to the eighth edition of Dewey & LeBoeuf’s Antitrust Enforcement: Focus on Criminal Cartels, a quarterly newsletter devoted to developments in criminal antitrust enforcement of international cartels in the United States and around the world. United StatesAntitrust/Competition LawDewey & LeBoeuf LLP
ArticleA More Competitive Location For Holding CompaniesA radical change in UK corporation tax has re-focused attention on the United Kingdom as a potentially attractive location for tax-efficient structuring within a multinational group.United KingdomTaxDewey & LeBoeuf LLP
ArticleFocus on Tax Controversy and LitigationOn September 27, 2010, the Office of Chief Counsel released Notice 2010-181 (the "Notice"), in which it announced a change in its litigating position with respect to the US federal income tax treatment of interchange fee income earned by issuers of credit cards. United StatesTaxDewey & LeBoeuf LLP
ArticleReinsurance Arbitration Clauses – Where The Courts Find ProblemsOne way to improve the alternative dispute resolution process is to examine the disputes about alternative dispute resolution clauses that find their way into court.United StatesLitigation, Mediation & ArbitrationDewey & LeBoeuf LLP
ArticleThird Circuit Rules That Private Equity Fund And Portfolio Company Are Not A "Single Employer" For Purpose Of WARN Act LiabilityAs private equity funds increasingly decide to participate actively in the affairs and management of their portfolio companies, recent court rulings suggest that funds may face greater exposure to liability for a portfolio company's obligations.United StatesEmployment and HRJones Day
ArticleEmployer's Failure To Issue WARN Notification Excused Due To Abrupt Termination Of FinancingA recent unpublished ruling by the Fifth Circuit Court of Appeals examines a debtor-employer's responsibilities under the federal Worker Adjustment and Retraining Notification Act, 29 U.S.C. § 2101 et seq.United StatesInsolvency/Bankruptcy/Re-StructuringJones Day
ArticleThird Circuit Rules That Warn Act's "Unforeseeable Business Circumstances" Exception Requires That Layoffs Be Probable, Not PossibleIn Varela v. AE Liquidation, Inc. (In re AE Liquidation, Inc.), 866 F.3d 515 (3d Cir. 2017), the U.S. Court of Appeals for the Third Circuit became the sixth circuit court of appeals to rule...United StatesCorporate/Commercial LawJones Day
ArticleThird Circuit Rules That WARN Act's "Unforeseeable Business Circumstances" Exception Requires That Layoffs Be Probable, Not PossibleIn Varela v. AE Liquidation, Inc. (In re AE Liquidation, Inc.), 866 F.3d 515 (3d Cir. 2017), the U.S. Court of Appeals for the Third Circuit became the sixth circuit court of appeals to rule ...United StatesEmployment and HRJones Day
ArticleFTX: Forcing The Examiner Mandate In The Third CircuitIt is a rare occasion that one can be assured with certainty that, if they file a motion with a bankruptcy court, it will be granted.United StatesInsolvency/Bankruptcy/Re-StructuringMintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
ArticleLiquidating Chapter 11 Debtor Excused From Providing WARN Act Notification Of Employee Layoffs Due To Pandemic Natural DisasterLarge employers intending to lay off a significant number of their employees are required by the Worker Adjustment and Retraining Notification Act of 1988 (the "WARN Act") to...United StatesInsolvency/Bankruptcy/Re-StructuringJones Day
ArticleThe Year In Bankruptcy: 2012A summary on the 2012 bankruptcy related affairs.United StatesInsolvency/Bankruptcy/Re-StructuringJones Day
ArticleJudgments - February 9, 2016The dispute in this case was, in reality, between the holders of Class A notes issued by the defendant issuer on the one hand and the holders of the subordinated notes in Classes B to E on the other.United KingdomFinance and BankingDentons
ArticleNotable Business Bankruptcy Decisions Of 2012"Key employee" retention plans proposed by bankrupt companies have been subject to rigorous scrutiny since Congress amended the Bankruptcy Code in 2005.United StatesInsolvency/Bankruptcy/Re-StructuringJones Day