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The very concept of “debtor-in-possession” suggests a belief in the chance of renewal which is absent from the “receivership style” of insolvency prevalent outside the United States. [read post]
22 Feb 2023, 1:07 pm by Dennis Crouch
As a point of context, it’s worth noting that many states already require disclosure or much more draconian regulation of litigation funders backing state court cases—for instance, some states require funds and funders to register, and some even require funding agreements to be disclosed with the state. [read post]
22 Jan 2024, 9:01 pm by renholding
You are probably well acquainted with its successor, rule 506.[2] Prior to the adoption of former rule 146 in April 1974, the Commission did not have rules interpreting section 4(2) of the Securities Act.[3] As a result, issuers faced uncertainty in determining whether a sale of securities did not involve “any public offering” and in applying case law on the topic, including the Supreme Court’s decision in SEC v. [read post]
27 Jul 2014, 9:03 am by Schachtman
Over 20 years ago, in 1993, the United States Supreme Court handed down its Daubert decision. [read post]
13 Jul 2023, 12:41 pm by Bill Marler
Benson, V. and Merano, M.A., “Current estimates from the National Health Interview Survey 1995,” VITAL HEALTH STATISTICS, SERIES 10 (Nat’l Center for Health Statistics 1998). [read post]
12 May 2010, 1:04 pm by Berin Szoka
Report from the DACA Working Group on Regulatory Framework, Mar. 2006. [read post]
15 Mar 2011, 12:04 pm by Kara OBrien
In the press release announcing the complaint against the DHB independent directors, the Director of the Commission’s Division of Enforcement, Robert Khuzami, stated, “We will not second-guess the good-faith efforts of directors. [read post]
6 Feb 2016, 1:27 pm by Stephen Bilkis
A sizeable estate permits adequate compensation, but nothing beyond that (Martin v. [read post]
3 Nov 2009, 3:06 pm
Recourse loans exist alongside non-recourse loans which, as the name implies, offer the lender no recourse against the borrower beyond foreclosure of the mortgage instrument. [4] Typically, non-recourse loans offer a higher degree of risk, and therefore carry a higher interest rate to match. [5] The banks run the risk that owners will abandon properties which they can no longer afford in a poor state of upkeep, reducing the value of the home, and therefore the amount the bank will receive… [read post]
15 Feb 2024, 1:23 pm by Kevin LaCroix
The court doesn’t insist that the board members should have stated they were not independent. [read post]
11 Aug 2023, 6:05 am by Santiago Stocker
In February, elections in Nigeria were marred by violence, logistical failures, and a lack of transparency, resulting in the lowest voter turnout in the country’s democratic history. [read post]
16 Sep 2024, 6:07 am by Marty Lederman
(The United States is not a State Party to the treaty, but most European nations are, including the UK, France, and Germany.) [read post]