Yet another blow has been dealt to the enforceability of netting agreements against a bankrupt counterparty. In a recent decision by Judge James Peck, In re Lehman Brothers Inc., the U.S. Bankruptcy ...
In Meso Scale Diagnostics, LLC v. Roche Diagnostics GmbH, C.A. No. 5589-VCP, 2013 WL 911118 (Del. Ch. Feb. 22, 2013, rev. Mar. 8, 2013), the Delaware Court of Chancery held that a reverse triangular ...