Our Voices

Five Unusual Things About the Westinghouse Bankruptcy Case

Westinghouse’s reorganization plan was confirmed on Mar. 28 by Judge Michael Wiles of the Southern District of New York Bankruptcy Court one day shy of the one-year anniversary of its bankruptcy filing. This is unusually fast considering that the filing was not a “prepack” — meaning there was no reorganization plan already accepted by creditors, or a solicitation of acceptances already underway.

Take Advantage of the DOL's Voluntary Fiduciary Correction Program

The United States Department of Labor (DOL), Employee Benefits Security Administration (EBSA), the agency entrusted to enforce the Employee Retirement Income Security Act (ERISA), restored in fiscal year 2017 over $1.1 billion to employee benefit plans, participants and beneficiaries. Part of these recoveries stem from the investigations the DOL conducts, which the DOL had a 65.3 % success rate in finding violations in 2017.

NY Bankruptcy Court Closes Second Lupatech Chapter 15 Case

A New York bankruptcy court has signed off on Brazilian oil and gas servicer Lupatech’s second Chapter 15 case, ending a US$275 million cross-border restructuring that has played out in New York and São Paulo since 2015.

US Tariffs Blog Series (2) – A Recap of the U.S.-China Trade Conflict Timeline

On March 22, 2018, CKR Law LLP (“CKR” or “we”) published our first article of an ongoing series of blog posts on proposed tariffs to be imposed by the United States (the “U.S.”), and their potential impact on the People’s Republic of China (“China”) and the rest of the world. In this second article, we aim to recap the sequential events detailing the tensions between the U.S. and China to assist our readers in understanding how both countries got to where they are, and to analyze the actions to date taken by both countries.

China Adopts Rules to Lure Innovative Overseas-Listed Companies Back to China’s Stock Exchanges

On March 22, 2018, the China State Council published an opinion (the “Opinion”) of the China Securities Regulatory Commission inviting qualified innovative overseas-listed corporations to sell shares or issue Chinese Depositary Receipts ("CDRs") on China’s stock markets.

Supreme Court of the United States: Cheerleading Uniforms Can be Copyrightable: Star Athletic LLC v. Varsity Brands, Inc.

On 22 March 22 2017, in the case of Star Athletica LLC v. Varsity Brands, Inc., et al, No. 15-866, the Supreme Court of the United States ruled, in a 6-2 decision, that design elements of a cheerleading uniform may be protected under copyright law, even though the uniform has a utilitarian function.

What May Be In Store For The Brazilian Bankruptcy Law

The Brazilian Restructuring and Bankruptcy Law (Law Nr. 11.101 of 2005) is expected to be amended within the year. Supporters of the amendments hope to accelerate the insolvency process and equalize the bargaining power between equity and debt holders. The idea is to create a bankruptcy regime that will lead to a more efficient credit market and promote enterprise rehabilitation. The proposed amendments are likely to create sharp differences of opinion between debtor and creditor interests and for now they are just that – proposals.

The 5 Critical Considerations: What to do When an Allegation of a FCPA Violation is Raised Within Your Company

The reaction to corruption by both national enforcement authorities here and abroad, as well as within multi-national corporations throughout the world, has changed dramatically over the past 10 years. In 2004-05, U.S. federal government FCPA investigations were at their infancy, and the DOJ and the FBI were just beginning to focus heavily on significant global corruption and foreign bribery investigations and prosecutions. Similarly, many companies, including a number of multi-nationals, did not have “compliance” departments, and the mere mention of the term “compliance” was often met by a strange look of unfamiliarity.

Strategies in Response to the New U.S. China Tariffs

On March 22, 2018, President Trump announced tariff sanctions on Chinese imports, directing the U.S. Trade Representative (USTR) to propose within 15 days a list of products covered by the tariff increases, which will be subject to a public comment period.

You’ve Heard of ICOs, but What About Venture Capital Investments in Crypto?

Among other positive developments for the blockchain space, 2017 was the year of the ICO (Initial Coin Offering). As public interests in cryptocurrencies heated up towards the latter half of the year, newcomers with fresh investment capital fanned the flames of the already white-hot fundraising model.