Creditors Precluded from Collaterally Pursuing Claims Against Third Party/Guarantor, if Treated/Released in Confirmed Re-Org Plan

  In New Falls Corp. v. LaHaye (In re LaHaye), No. 19-30795 (5th Cir. Nov. 12, 2021), the Fifth Circuit Court of Appeals prevented a secured lender from pursuing individual guarantors on a claim that had been partially released in [...]

By |2022-05-18T08:45:52-05:00May 18, 2022|Bankruptcy|

Ending Forced Arbitration for Allegations of Sexual Assault and Sexual Harassment

  Effective immediately, employer-employee arbitration agreements common in business may no longer compel employees to arbitrate disputes concerning allegations of sexual assault or sexual harassment. This is the result of the enactment of the Ending Forced Arbitration of Sexual Assault [...]

By |2022-03-09T11:39:57-06:00March 7, 2022|Employment Law|

A Guide on How to Avoid a Clawback of a Settlement Payment of Securities

  Discussing:  Holliday v. Credit Suisse Securities (USA) LLC, No. 20-5404 (S.D.N.Y. Sept. 13, 2021) Subject to certain defenses, in a bankruptcy proceeding, transfers made to a creditor within 90 days of the transferor filing bankruptcy can be clawed back [...]

By |2022-02-09T12:26:53-06:00February 9, 2022|Bankruptcy, Practice|
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