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Better Late Than Never: Delaware Bankruptcy Court Determines That 546(e) Avoidance Safe Harbors Are Available to Defendants That Only Qualify as Financial Participants Several Years After the Subject Transaction in In re Samson Resources Corp.

Following an August 4, 2022 memorandum opinion from Judge Brendan L. Shannon of the United States Bankruptcy Court for the District of Delaware, a party to a safe harbored contract can qualify as a “financial participant” under section 546(e) of...

A Cloudy Forecast?

Renewables has become the buzz word in the energy and infrastructure space like no other. Certainly 2021 closed out with record procurements across the Gulf and the Middle East more broadly, signalling an entrenched energy transition which few would call...

In re TPC Group Inc: Delaware Bankruptcy Court Determines that Issuance of Priming Senior Notes is Not Prohibited Absent Express Anti-Subordination Provision

Following a July 6, 2022 memorandum opinion from the United States Bankruptcy Court for the District of Delaware, lenders and noteholders seeking to preserve the priority of their liens must make any desired subordination protections explicit in their security documents...

CFTC 2022: A New Commission, A New Agenda, Same Aggressive Enforcement

The Commodity Futures Trading Commission (the “Commission” or “CFTC”) experienced a year of transition on both the enforcement and regulatory fronts during its Fiscal Year 2021, which runs from October 1, 2020 through September 30, 2021 (“FY 2021”). The Division...

The Progressive Case

Public budgets are under pressure – made worse in this period of high inflation. These factors, combined with the increased need for infrastructure improvements, has prompted the public and private sectors to seek pragmatic ways to improve the procurement process...

FINRA Facts and Trends

Understand What’s Happening in the Financial Industry Regulatory World With Commentary and Updates From Bracewell’s Experienced FINRA Team We are pleased to introduce the inaugural issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting...

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