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08.16.2021
Client Advisories
Recent Court Decision Highlights That Not All ‘Golden Shares’ Are Created Equal
All too often in business-partner disputes, one partner threatens to place the company into bankruptcy without the consent of the other partners. Does such a threat really have any “teeth?” A recent decision from the United States Bankruptcy Court for the District of New Jersey provides some guidance. The Court dismissed a chapter 11 debtor’s bankruptcy case because, under the term of the company’s operating agreement, the debtor lacked the requisite corporate authority to file bankruptcy. The case provides an interesting look into the way courts view so-called “golden share” provisions, which give certain creditors the power to block a company from filing for bankruptcy.
03.31.2020
Client Advisories
Impact of the CARES Act on the Small Business Reorganization Act
While certain elements of the CARES Act have received much press and public attention recently – including stimulus checks expected to reach some 150 million Americans – a much lesser-known provision embedded in the CARES Act stands to potentially affect a large number of small business owners who have been impacted by the 2020 coronavirus pandemic. That provision broadens the eligibility requirements for a business seeking to take advantage of the recently passed Small Business Reorganization Act (“SBRA”).
12.15.2016
Press Releases
The Social Media Authentication Battle Rages in Third Circuit and Elsewhere
Archer’s Douglas Leney and Daniel Farino discuss the social media authentication battle in Legaltech News. View the article here.