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Safer Harbor: Foreign Transactions May Be Beyond The Reach of a Bankruptcy Trustee

A recent decision by Judge Jed Rakoff of the District Court for the Southern District of New York, Securities Investor Protection Corp. v. Bernard L. Madoff Investment Securities LLC, provides reassurance to foreign investors in off-shore funds that payments they receive are beyond the reach of avoidance actions brought under the U.S. bankruptcy laws. The…

Client Alerts | July 9, 2014 | Securities and Corporate Finance

IRS Issues Final Instructions for New FATCA Forms

OVERVIEW We have previously issued newsletters discussing FATCA generally, preparation for compliance, and developments in the timeline for implementing FATCA. On June 25, 2014, the IRS released final instructions to new Form W-8BEN-E. This follows last week’s release of final instructions to Form W-8IMY. The FATCA world has been waiting for these instructions. FATCA GENERALLY…

Client Alerts | June 27, 2014 | Hedge Funds

A Bloomberg article (“Investors Picking Fights Enhance Value as Stocks Beat S&P 500”) quoted Partner Christopher P. Davis, leader of Kleinberg Kaplan’s Investor Activism Practice.

“If you are a public corporation and you get approached by an activist, and your advisers are telling you to light the torches, grab the pitchforks and man the perimeter, it’s time to get new advisers.” Partner Christopher Davis, leader of Kleinberg Kaplan’s Investor Activism Practice explains that its time to stop resisting activist investors…

Firm News | June 12, 2014

A Law360 article (“GM’s Bankruptcy Shield Too Flimsy To Block Defect Suits”) quoted Partner Matthew J. Gold, of Kleinberg Kaplan’s Bankruptcy Practice.

A Law360 article “GM’s Bankruptcy Shield Too Flimsy To Block Defect Suits” quoted Partner Matthew J. Gold of Kleinberg Kaplan’s Bankruptcy Practice. Matt explained that the asset sale order approved in GM’s 2009 bankruptcy case might not be sufficient to protect GM against product liability suits regarding vehicles sold before 2009 if there is evidence…

Firm News | June 12, 2014

A Law360 article (“Proxy Preview Targets Eager To Settle To Avoid Proxy Wars”) quoted Partner Christopher P. Davis, leader of Kleinberg Kaplan’s Investor Activism Practice.

A Law360 article (“Proxy Preview Targets Eager To Settle To Avoid Proxy Wars”) quoted Partner Christopher P. Davis, leader of Kleinberg Kaplan’s Investor Activism Practice. Chris explained that target companies have been more frequently signing on to settlement strategies, which may be a signal that Boards are getting better advice. Chris indicated that by signing…

Firm News | June 12, 2014