Nov. 16, 2015

A NEW CONCERN FOR CORPORATE DIRECTORS

By Charles M. Tatelbaum

A recent ruling by a judge of the US District Court for the Northern District of California has raised new concerns for directors of not only public companies, but also or private and closely held entities as well as managing members or directors of limited liability entities as to potential exposure which may be excluded from coverage by traditional directors’ and officers’ insurance policies.

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Oct. 30, 2015

The Stock Market Freefall From A Bankruptcy Perspective

By Charles M. Tatelbaum

The irrational exuberance (borrowed from Alan Greenspan) with respect to the continued increase in the stock market has led many investors to purchase even more securities on margin. The recent freefall will trigger substantial margin calls, which in turn will require additional selling of securities at a loss, and in many instances it will create a cash crisis for the investor whether large or small. In past economic downturns involving the stock market, this has led to a substantial number of unexpected bankruptcy proceedings.

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Fresh


Ignorance Is Not Bliss: Demystifying Executory Contracts in Bankruptcy Cases

An executory contract can create havoc for the unsuspecting counterparty. 

Most businesses are (reluctantly) required to deal with customers, suppliers and counterparties to agreements that enter bankruptcy proceedings, yet there is a great lack of knowledge as to how the concept of an executory contract can create havoc for the unsuspecting creditor/counterparty. Recent litigation in Delaware involving the sporting goods retailer Eastern Outfitters LLC (Eastern Mountain Sports and Bob’s Stores) points to some of the issues.

 

Evening of Wine & Cheese

A private reception
Tuesday, February 28, 2015
5:30 p.m. – 7:30 p.m. 
Timpano’s Italian Chophouse 

Lawyer Up: As Retail Bankruptcies Increase, Creditors Must Be Vigilant

Virtually no attention has been paid to what will soon be a big problem

While much has been written about the future of brick-and-mortar retailing as a result of the large number of retail bankruptcies during 2016 and even during the first weeks of 2017, virtually no attention has been paid to what will be a significant problem for creditors of those retailers that have sought bankruptcy court protection—even if some of the retail locations remain open.

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