“ERISA treats all members of a ‘controlled group’ as a single employer for purposes of its provisions imposing liability on employers in connection with the termination of an underfunded single employer pension plan or a withdrawal from an underfunded multi-employer pension plan. As a result, if an employer terminates or withdraws from an underfunded pension… Read more »
[Link: Bill on Bankruptcy: Who's to Blame for the Hostess Liquidation? - Bloomberg Law] The impending dissolution of Hostess Brands – maker of Twinkies, Ho Hos, and Wonder Bread – has captured headlines over the past few weeks. But Hostess’s story isn’t the only bankruptcy law news of relevance to Corporate America. For your reference:… Read more »
Earlier this week, the Supreme Court of England and Wales ruled that a United States Bankruptcy Court decision against an individual not subject to US court jurisdiction could not be enforced in the United Kingdom. From Skadden Arps: “Traditionally, under English conflict of law rules, a foreign judgment may only be enforced in England at… Read more »
Earlier this month, the Seventh Circuit Court of Appeals ruled in Sunbeam Products v. Chicago American Manufacturing that rights held by a trademark licensee do not automatically end when the license agreement is rejected by a trademark owner in bankruptcy. It’s a significant ruling for IP licensees because it allows them to continue to use… Read more »
What’s on your mind? ICANN’s generic top-level domain names, HIPAA compliance and violations, the SCOTUS RadLAX ruling, the EU Cookie Directive, that’s what (and more!). For your reference, the most-read Corporate Law Report posts in June, 2012: 1. HIPAA Compliance: 6 Audit Questions (and Answers) for Covered Entities “Late last year, members of the Senate… Read more »
On May 29, 2012, the Supreme Court ruled that debtors must allow lenders to “credit bid” when auctioning off assets as part of the bankruptcy reorganization process. Law firm Morrison & Foerster: “In a unanimous opinion in RadLAX Gateway Hotel, LLC v. Amalgamated Bank, the Court held that a Chapter 11 plan of reorganization that… Read more »
Earlier this month, the Eleventh Circuit upheld a widely criticized Bankruptcy Court ruling that will require lenders to return more than $400 million in payments made on fraudulent loans to TOUSA. TOUSA was once one of the nation’s largest home builders. But its size was built on high levels of debt, including more than $1… Read more »
