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Bankruptcy Basics – Executory Contracts and Ipso Facto Clauses

In this post, I will discuss executory contracts and ipso facto clauses. These are both important basic concepts for bankruptcy proceedings, especially Chapter 11 proceedings (commonly known as a “reorganization” as opposed to a “liquidation” under Chapter 7). 1. Executory Contracts Though the name may sound daunting, an executory contract is simply a contract that

different laws - International Lawyers

Dear Elon Musk: “The Law” Is Different In Every Jurisdiction

Unless you just returned from weeks of trekking the jungles of Borneo, you know that Tesla and SpaceX founder Elon Musk has made an offer to buy Twitter for about $43 billion. The chattering classes are divided on what this may mean for their favorite communications medium, and unsurprisingly, Musk himself has weighed in. Responding

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Insurance Agents … But With Better Suits and Shoes*

Every disaster – and at this point I think we can number the COVID-19 pandemic of 2020-202X among them – produces “winners”, people and companies who benefit. Just over 10 years ago I was living in Japan when a devastating earthquake and resultant tsunami killed nearly 20,000 people, with another 2,500 missing and presumed dead.

Federal Legislation Gets the Attention, but State Laws Matter Also

Federal Legislation Gets the Attention, but State Laws Also Matter

If you’re not American, U.S. politics can be confusing. And believe us, even if you are American, they’re confusing. The United States has been mired in a partisan struggle for several decades (some would say, for the past 245 years), and during the past 10 years it has been particularly difficult to pass legislation through

Family Business Succession Planning

Family Business Succession Planning

Family business succession planning is critically important but far too often ignored or kicked down the road. Are you watching “Succession”? It’s an HBO drama on a family business that is a barely veiled satire of the succession drama that seems to have been playing out at Rupert Murdoch’s News Corp. for the past three

Does My International Company Need to Register in the U.S.

Does My International Company Need to Register in the U.S.?

In the prior post in this series, we discussed U.S. banking requirements for international companies. This post focuses on when a foreign company should or must register as doing business in a U.S. state, either by registering their foreign company directly in that state or by forming an affiliate or subsidiary company in that state.

International company banking in the United States

International Company Banking in the United States

International companies often ask our FDI lawyers in the United States about United States banking for foreign companies. It can be difficult and confusing for an international company to determine the best way to engage in banking in the U.S. We know that because it is even confusing for certain types of U.S. companies to

Which State is best for foreign companies

In Which U.S. State Should We Set Up Our Company?

Every week we talk with international companies that are trying to bring their product or service to the U.S. market. The #1 question I get is: In which U.S. state should we set up our operations? I always respond like this: the answer to this question depends on your goals for your business. Then I

International tax lawyer

The Legal and Tax Effects of Doing Business Internationally

When I am speaking with international companies looking to do business in a foreign country (which sometimes means the United States), I like to start with their business plan. Most companies develop their business plans long before they decide to check with their lawyer to see where they might run into issues. They understand their