A Big Haircut for Indenture Trustee Counsel Fees

In Nortel Network’s (Child getting a haircut“Nortel”) chapter 11 case, In re: Nortel Networks Inc., et al., United States Bankruptcy Court for the District of Delaware, Case No. 09-10138(KG), Bankruptcy Judge Kevin Gross recently reduced the Indenture Trustee’s counsel fees by $913,936.00 in response to heavily litigated objections to the fees by noteholders, Solus Alternative Asset Management LP (“Solus”) and PointState Capital LP (“PointState”) (collectively the “Objecting Noteholders”).  View Full Post
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Contractor Alert: Beware Non-Performance During Contract Disputes

Government contractors must be prepared to perform their Federal contracts – even in the face of a dispute with the government over essential contract terms.  Failing to perform can have devastating consequences, including default termination. In a recent case before the Armed Services Board of Contract Appeals, the Board considered a U.S. View Full Post
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Ring the Bell – Another Defense Verdict for Fresenius in Dialysis Treatment Bellwether Trial

Marisa K. Pearson blood-pressure-1573037_1920On March 3, 2017, after less than four hours of deliberations, a Massachusetts federal jury found that Fresenius Medical Care was not liable for the 2012 death of one of their patients. The verdict drew to a close a four-week long bellwether trial, the second for plaintiffs who opted out of a $250 million settlement offered by Fresenius relating to dialysis products, NaturaLyte and GranuFlo. View Full Post
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Key Takeaways – 7th Annual Consumer Products and Retail Summit

By | Consumer & Retail Advisor | March 30, 2017
By Lara Nathans, Anne-Marie Naud and Charlene Schafer Lara NathansAnne-Marie NaudCharlene Schafer McCarthy Tetrault’s 7th Annual Consumer Products and Retail Summit was held on February 23, 2017. Here are our key takeaways from the Summit: Visions of the Changing Retail Industry Erol Uzumeri, Searchlight Capital Partners  The major trends impacting the consumer sector include: experience economy, digital disintermediation, silver economy, convenience, personalization and authenticity; Successful retailers need to leverage their customer data to address consumers’ changing preferences; Retailers need to carefully consider the investments required to create clear and differentiated positioning and cannot afford to remain stationary with the factors impacting the consumer sector on a daily basis. View Full Post
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Whistleblowers to Share Reward for Reporting Illegal Kickback Scheme

“Dermagraft” manufacturer, Shire Pharmaceuticals LLC (Shire) agreed to pay $350 million to settle False Claims Act allegations. The federal government alleged that Shire employed kickbacks and other unlawful methods to induce clinics and physicians to use or overuse its product. Shire entered into a $350 million settlement agreement to settle both federal and state False Claims Act allegations. View Full Post
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Chapter 13 Bankruptcy, Capacity and Near Privity

Filing a petition in bankruptcy falls into three well-settled paths, Chapters 7,11 and 13.  The rules and the effects of such a filing vary strongly between them.  In a legal malpractice case, the debtor loses its capacity to sue and damages which might go to the litigant now go to the trustee.   View Full Post
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