“American Pipe” Tolling Takes a Hit at SCOTUS; Consequences to Be Determined

By | GlobalTort | August 2, 2017
Late in June, SCOTUS knocked out “American Pipe” equitable tolling in a securities case, as explained in a June 27,  2017 post at Faegre Baker Daniels. This is a typical 5-4 Roberts court “bright line” ruling based on the literal language of the statute, with the usual justices on the usual side of the ruling. View Full Post
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Comer Introduces Industrial Hemp Bill

By | Creditors' Sidebar | July 31, 2017
Hemp leaf Kentucky Representative (and former agriculture commissioner) James Comer introduced new legislation (H.R. 3530) to reduce the burden of regulations and statutes applicable to industrial hemp, an industry which is growing by leaps and bounds in Kentucky. Currently, the statute allows “pilot projects” and “research,” but the industry needs more clarity and certainty to encourage investment and growth. View Full Post
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Preferences Actions Filed in Univita Holdings LLC Bankruptcy Case

On July 19-21, 2017, David W. Carickhoff, in his capacity as Chapter 7 Trustee of the Estates of Univita Holdings, et al., filed approximately 46 complaints seeking the avoidance and recovery of allegedly preferential and/or fraudulent transfers under Sections 547 and 550 of the Bankruptcy Code. View Full Post
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Success Fees – Technical Arguments Fail in the Face of Broad Definitions

In a decision signed July 26, 2017 in the Nephrogenex bankruptcy (case 16-11074), Judge Gross of the Delaware Bankruptcy Court approved of the application of the Debtor’s investment banker for a success fee over the objection of, among others, the Debtor and the purchaser of all the reorganized debtor’s equity.  View Full Post
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U.S. Supreme Court Holds That FDCPA Does Not Apply to Debt Purchasers

This post was authored by Gabrielle Glemann and summer associate Deniz Irgi. On June 12, the U.S. Supreme Court significantly restricted the universe of companies subject to the restrictions of the Fair Debt Collection Practices Act.   In the first opinion authored by new Justice Neil Gorsuch the court unanimously ruled, in Henson v. View Full Post
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Alberta Court Clarifies Ranking of Linear Property Tax Claims

A recent unreported decision in the Alberta Court of Queen’s Bench has clarified the ranking of certain municipal tax claims against a bankrupt in Alberta.  In Bank of Nova Scotia et al v. Virginia Hills Oil Corp. et al, the Court accepted arguments by a court-appointed receiver and trustee in bankruptcy that unpaid pre-filing linear property taxes owed by a debtor company to a municipality are unsecured claims for the purposes of the Municipal Government Act. View Full Post
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Cross Border Insolvency Regulations 2006: Consideration of the Public Policy Exemption and Security for Costs Against Russian Official Receiver

In the recent case of Cherkasov & others v Olegovich [2017] EWHC 756 (Ch) the English courts considered the public policy exception set out in Article 6 Cross Border Insolvency Regulations 2006 (CBIR) and whether security for costs could be ordered against the official receiver of a Russian company (who had obtained recognition in England under CIBR) when he applied for an order for the production of evidence by some of the former managers of a Russian company under section 236 of the Insolvency Act 1986 (IA). View Full Post
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Back On Track? DOL’s Information Requests Suggest Changes to Overtime Exemptions May Be On the Horizon

By | Louisiana Law Blog | July 26, 2017
By Chelsea Gomez Caswell Yesterday, the Department of Labor (“DOL”) Wage and Hour Division released a preview copy of a request for information (“RFI”) before issuing revised proposed overtime exemption regulations under the Fair Labor Standards Act (“FLSA”). The RFI is scheduled for publication in the Federal Register today, July 26, 2017, which will start a 60-day public comment period. View Full Post
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