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Kleinberg Kaplan Recognized in Chambers USA 2021

Firm ranked in Hedge Funds category; three partners individually honored New York, May 20, 2021 — Premier boutique law firm Kleinberg Kaplan announced that it has been recognized by Chambers USA 2021 as a leading firm. The firm was again included in the “Hedge Funds (USA – Nationwide)” category, and three Kleinberg Kaplan partners were individually…

FEATURED PUBLICATION | May 20, 2021 | Hedge Funds | Investor Activism

Mapping the Harbor: Additional Interpretation of the Bankruptcy Safe Harbor

A series of decisions (and a recent brief) have highlighted some of the new issues that are arising in Safe Harbor litigation. In particular, they show how the courts are wrestling with questions concerning: Which entity in a complex transaction is considered the “initial transferee” for Safe Harbor purposes? How are courts interpreting the Safe…

Client Alerts | March 24, 2021 | Creditors’ Rights and Bankruptcy Litigation

Safe Harbor Resource Center

Elements of the Safe Harbor Defense Section 546(e) of the Bankruptcy Code provides a safe harbor that bars certain avoidance actions/clawback actions (described below – “What types of actions are barred?”) regarding Qualifying Transactions (described below) that involve Qualifying Entities (described below). What types of actions are barred? Section 546(e) bars preference actions and constructive fraudulent…

FEATURED PUBLICATION | March 23, 2021 | Creditors’ Rights and Bankruptcy Litigation

Kleinberg Kaplan Ranks Among Leading Law Firms Advising Activist Investors According to Refinitiv 

Kleinberg Kaplan, a pure-play activist law firm, ranks among the most active legal advisors for activist campaigns, according to data intelligence provider Refinitiv. For full year 2020, Kleinberg Kaplan ranked third for legal counsel solely advising activist investors in Refinitiv’s Global Shareholder Activism Scorecard released this week. In addition, the firm ranked fourth globally for…

FEATURED PUBLICATION | March 16, 2021 | Investor Activism

Cover Me in Fraud: Delaware Supreme Court Finds Fraud Is Insurable

The Delaware Supreme Court has held that fraudulent conduct by corporate officers and directors is insurable in Delaware.  This consequential decision, RSUI Indemnity Company v. Murdock, 2021 BL 76083 (Del. Mar. 3, 2021), is inconsistent with the public policy of many other states, and likely will have an immediate effect on Delaware-based corporations involved in…

Client Alerts | March 15, 2021 | Commercial and Corporate Litigation | Risk Management

Kleinberg Kaplan Adds David Pentlow as Senior Counsel to Private Funds & Investment Management Practice

Premier boutique law firm Kleinberg Kaplan has announced that David Pentlow has joined the firm as Senior Counsel in its Private Funds & Investment Management Practice. Mr. Pentlow has extensive experience representing private equity funds, hedge funds, real estate funds and other investors, financial institutions, and issuers – from start-ups to established public companies –…

Firm News | February 16, 2021 | Private Equity Funds | Hedge Funds | Real Estate Funds | Investment Management | Securities and Corporate Finance | Mergers & Acquisitions | Business Restructuring and Reorganization

The Train Has Left the Station: LSTA Issues Revised Secondary Trading Documentation To Reflect Transition from LIBOR

Effective January 27, 2021, the Board of the Loan Syndications and Trading Association (the “LSTA”) published a revised suite of trading documents to reflect the market’s transition from the use of the London Interbank Offered Rate (“LIBOR”) to the Secured Overnight Financing Rate (“SOFR”) or other alternative risk-free rates (“RFRs”) as a key benchmark for…

Client Alerts | January 29, 2021 | Securities and Corporate Finance | Special Situations and Credit | Derivatives