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Lender Liability in Corporate Finance Transactions and Equitable Subordination in the U.S

02/07/08

Authored by Aaron L. Hammer, Partner in the Bankruptcy, Reorganization, and Creditors' Rights Practice Group

Any study of comparative legal issues is predicated on the recognition of the continued drive towards globalized economic markets. As the Americas and Europe collapse sovereign borders and form trading blocks, comparative legal issues will invariably clash with international economic comity. This comparative analysis of the doctrine of equitable subordination in U.S. and Canadian jurisprudence is particularly timely to those involved in cross-border financings, as lenders seek protection from exposure to liability.

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