Mette Kurth: 2nd Circuit Reverses Course on Cramdown Interest Rates On her The Bottom Line 11 blog, Fox partner Mette Kurth examined a recent U.S. Court of Appeals for the Second Circuit decision in In re MPM Silicones (the Momentive case). The court followed the lead of the Sixth Circuit in establishing a two-step approach to setting the cramdown interest rate on debtor payments for secured claims: Copyright: bbourdages / 123RF Stock Photo A simple proposition—that secured lenders are entitled to receive payments with a present value at least equal to the amount of their claim—has proven surprisingly difficult to apply as courts have pondered whether to follow a “formula approach” or a “market approach” to establish an appropriate “cramdown” interest rate. View Full Post
What FINRA Found in its Examinations FINRA recently issued a report regarding its examination findings. FINRA issued this report so that firms can gain insight from the work of FINRA’s examination of other firms. Among the FINRA’s findings are the following areas that need additional attention: Cybersecurity, including access management, risk assessments, vendor management, branch office security, segregation on internal duties and data loss prevention. View Full Post
By Memorandum Order entered by The Honorable Leonard P. Stark in Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc. et al., Civil Action No. 04-1371-LPS (D.Del., December 8, 2017), the Court dismissed without prejudice U.S. Patent No. 6,229,366 (“the ‘366 patent”) from the action, which was filed more than a dozen years ago, given that the U.S. View Full Post
Americans for Medical Progress (AMP) “supports research involving animals when it is necessary to advance our understanding of biological processes.” and provides tools for “public outreach that builds understanding and appreciation for necessary and humane animal research.” The latest tool in their toolbox is a video “designed to be a conversation starter about the importance of animals in research and the high standards of care they receive,” titled “Love, Care, Progress,” which you can view here. View Full Post