If you were to walk down Fifth Avenue and see a store displaying a white apple suspended in a large glass case, more likely than not you would immediately think of the California-based tech giant who shares its name with the nutritious snack. Similarly, if the person walking in front of you on your way to the Apple store lifted her heel to reveal a candy-apple red shoe sole, more likely than not the name Christian Louboutin would pop into your head. How is it that we can so easily forget the name of a person we were just introduced to, yet simple ideas like a picture of fruit or the color of a shoe bottom could instantly trigger a specific company in your mind? The answer: branding.
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In a recent opinion from the Bankruptcy Court for the Southern District of New York, Judge Glenn determined it was appropriate in three adversary proceedings to enter default judgments against foreign defendants that refused to answer the plaintiff’s summons and complaint. Kravitz v. Deacons (In re Advance Watch Co., Ltd.) […]
Weil Summer Associate David Rybak contributed to this post A creditor’s control of votes in a class of claims can be a powerful means of influencing the outcome of a debtor’s chapter 11 plan confirmation process. The Ninth Circuit Court of Appeals’ recent decision in In re Fagerdala, 891 F.3d […]
Weil Summer Associate Candice Ellis contributed to this post “All circuits…limit standing to appeal a bankruptcy court order to persons aggrieved by the order.”1. A “person aggrieved” is defined as someone whose rights or interests are directly and adversely affected pecuniarily by the bankruptcy court order.2 Simply put, a party […]
Weil Summer Associate MJ Koo contributed to this post In a recent decision, the Fifth Circuit narrowly held that federal law does not prevent a bona fide shareholder from exercising its voting right in the company’s charter to prevent the filing by the company of a bankruptcy petition merely because […]
In Momentive Performance Materials, the Second Circuit declined to dismiss as equitably moot the appeals of certain noteholders. The decision highlights that successfully invoking the doctrine of equitable mootness may be difficult under prevailing case law where plan confirmation issues have been diligently appealed by parties in interest, even when […]
We mourn the loss of our partner, colleague and friend Stephen A. Youngman, who passed away on May 14 after a courageous battle with cancer. Steve was a member of Weil’s Business Finance & Restructuring practice and one of the editors of the Bankruptcy Blog. He joined the Firm’s Dallas […]