مدونة مدونة
In this post, I will discuss executory contracts and ipso facto clauses. These are both important basic concepts for bankruptcy proceedings, especially Chapter 11 proceedings (commonly known as a “reorganization” as opposed to a “liquidation” under Chapter 7). 1. Executory Contracts Though the name may sound daunting, an executory contract is simply a contract that
For many investors considering a U.S. investment-based visa, the EB-5 option seems increasingly less attractive. Fortunately, there is the E-2 Treaty Trader Visa, which can be an attractive option for investors who wish to obtain lawful status in the United States for themselves and their immediate family more quickly and at a lower cost than
When I was starting my career as a lawyer in the early 2000s, alternative dispute resolution (ADR) became very popular. ADR includes mediation and arbitration. During that time in my career, I was working mostly on transactional matters and some of the senior lawyers told me it could be legal malpractice not to at least
The U.S. Department of Justice (DOJ) on recently filed a civil suit to force Stephen A. Wynn to register under the Foreign Agents Registration Act (FARA) as a foreign agent working for the People’s Republic of China (PRC). The DOJ claims that in 2017, Wynn, former chief executive of Wynn Resorts, leveraged his relationship with
Unless you just returned from weeks of trekking the jungles of Borneo, you know that Tesla and SpaceX founder Elon Musk has made an offer to buy Twitter for about $43 billion. The chattering classes are divided on what this may mean for their favorite communications medium, and unsurprisingly, Musk himself has weighed in. Responding
Ongoing economic turmoil makes now the right time to discuss U.S. bankruptcies and preference actions. In the United States and much of the world, inflation is running out of control and there are asset bubbles everywhere you look – housing, real estate in general, used and new cars, and so on. Between the war in
Arbitration is often the preferred, if not contractually required, forum for resolving business disputes. This is primarily because of arbitration’s perceived efficiencies in cost and time-to-resolution as compared to litigation in U.S. state or federal courts. Federal law has embraced arbitration through the Federal Arbitration Act (“FAA”), which, as interpreted by the U.S. Supreme Court,
The past two weeks have seen a flurry of proposed regulatory activity in cryptocurrency. Governments around the world are making a sustained push for regulation similar in form and scope to regulations in more traditional financial markets. Many are now wondering who will regulate my crypto, and how do they plan to regulate it? Who
A new antidumping (AD) petition was filed on March 31, 2022 by a U.S. domestic producer seeking the imposition of additional duties on imports of preserved mushrooms from Spain, France, Polan, and Netherlands. The U.S. Department of Commerce (“DOC”) will conduct an investigation to investigate whether the named subject imports are being sold to the
Though exporting products, services and technologies from the United States is relatively easy, especially as compared with many other countries, our clients are always peppering our international trade lawyers with export questions. In this post, I attempt to answer the seminal question related to exporting from the United States: What are the basics to ensure
