On June 22, 2020, the Supreme Court held that the SEC can continue its longstanding practice of seeking disgorgement as an equitable remedy in judicial proceedings under section 21(d) of the Securiti…
A recent decision out of California further muddies the waters relating to the application of the internal affairs doctrine and basic conflicts-of-law analysis between Delaware and California.
One of the biggest, yet most misunderstood, defenses for unwarranted penalties claims is that a tax position was based on reasonable cause.
Prior to the SBRA, individuals who did not qualify for Chapter 13 were forced to use the business reorganization provisions in Chapter 11, where the absolute priority rule made it difficult for indiv…