Firm News | November 1, 2021
A recent decision by the New York Court of Appeals adds teeth to the ability of real estate lenders to dissuade borrowers from filing bankruptcy and highlights the risks faced by borrowers that choose bankruptcy – and those that assist them. The decision, Sutton 58 Associates LLC v. Pilevsky, permits a lender to pursue a…
Client Alerts | December 10, 2020 | Creditors’ Rights and Bankruptcy Litigation | Real Estate Litigation | Financing
A recent decision from a Michigan bankruptcy court shows potential limits to Safe Harbor defenses to clawback actions and may provide new hope to trustees and other clawback plaintiffs that seek to push back against defendant-friendly decisions in the Second Circuit. The decision, In re Greektown Holdings, LLC, highlights the importance of appropriately and carefully…
Client Alerts | December 8, 2020 | Creditors’ Rights and Bankruptcy Litigation
Kleinberg Kaplan Partner Jared R. Gianatasio was recently quoted in an AlphaWeek article: “Regulatory First Bodes Well For U.S. Hedge Funds Amidst Increasing Uncertainty.” In the article, Jared discusses what became of the first ever joint meeting held with the SEC and the CFTC. Jared shares, “The main takeaway is the fact that it’s a…
Firm News | December 7, 2020 | Derivatives
The ICE Benchmark Administration (“IBA”) announced earlier this week that it will consult on its intention to extend publication of the overnight and one-, three-, six-, and 12-month USD LIBOR rates until June 30, 2023. The June 2023 extension, however, applies only to legacy contracts—no new USD LIBOR contracts will be permitted after 2021.1 The…
Client Alerts | December 3, 2020 | Commercial and Corporate Litigation | Derivatives | Hedge Funds | Risk Management
Philip S. Gross, partner and chair of Kleinberg Kaplan’s Tax Department, and Maurice Collada III, Private Equity and Hedge Funds partner, are featured in an S&P Global Intelligence article. In “Biden’s proposed tax plans could hit private equity in the pocket,” Phil and Maurice shared their thoughts on the concerns surrounding the possible tax increases…
Firm News | December 3, 2020 | High Net Worth Individual Planning | Private Equity Funds | Hedge Funds
Christopher P. Davis, chair of Kleinberg Kaplan’s Investor Activism practice, spoke with The Wall Street Journal on a brand new proposed rule by Nasdaq on board diversity, calling for listed companies to include women and people of diverse racial identities or sexual orientation on their boards – or explain why not. In the article, “The…
Firm News | December 2, 2020 | Investor Activism
We are pleased to announce that 15 of the firm’s attorneys were selected for inclusion in the 2020 edition of Super Lawyers®, a national legal ranking. Attorneys were nominated by their peers and recognized for their outstanding professional achievement in several legal practice areas including business/corporate, business litigation, estate & probate, mergers & acquisitions, real estate,…
Firm News | November 17, 2020 | Litigation | Securities and Corporate Finance | Mergers & Acquisitions | Transactional | Estate Planning and Administration | Leasing | Acquisitions and Sales | Development | Securities Litigation | Structured Finance & Derivatives Litigation
A recent client alert written by Kleinberg Kaplan partners Matthew Gold, Dov Kleiner and Michael Levine has been re-published in the November/December edition of Pratt’s Journal of Bankruptcy Law. The article, “New York Court Adopts Majority ‘Taint Travels’ Rule” highlights the Firestar Diamond, Inc. decision by the New York Bankruptcy Court which is the latest…
Attorney Articles | November 11, 2020 | Creditors’ Rights and Bankruptcy Litigation
November 2020 This annual newsletter briefly highlights certain tax issues and planning that hedge fund managers (and other high-net-worth individuals) should consider (or reconsider) before year-end. Although year-end tax planning is always important, the potential increase in tax rates in 2021 makes it even more important this year-end. The election may be over, but uncertainty…
Client Alerts | November 10, 2020 | Business Advice and Planning | High Net Worth Individual Planning | Hedge Funds | Private Equity Funds | Planning for Fund Managers
In the wake of the 2020 election, many expect that the Biden administration will seek to engage Congress to enact new tax legislation in order to raise revenue to pay the costs associated with the pandemic and other government programs. The administration’s ability to set policy will be impacted by the final results of several…
Client Alerts | November 9, 2020 | Estate Planning and Administration
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