Author Archives: Giordi Valdivia

The New Fiduciary Rule for Retirement Accounts—Did the DOL Overstep its Bounds?

Jean Strickland—As President Barack Obama has noted, the Department of Labor’s (“DOL’s”) new fiduciary rule intended to recognize the shift of retirement funds from employer-controlled pension plans to present-day employee-driven 401k and IRA accounts. It will do this by updating the Employee Retirement Income Security Act of 1974 (“ERISA”) to ensure that financial advisers act […]

All Free Things Come at a Cost: Facebook and Free Basics

India Prather – First WhatsApp, then Face.com and Instagram, and now free internet? For the past several months, Facebook, U.S. government officials, and wireless carriers have been in discussion about launching Free Basics, an application (“app”) that would provide low-income and rural Americans free Internet access to resources such as online news, health information, and […]

In re Motors Liquidation: Unsecured Creditors Lose Amidst Due Process’ Triumph Over the Finality of 363 Sales

Daniel Halperin – Section 363(f) of the bankruptcy code is an innovative tool that allows a debtor-in-possession to sell its assets free and clear of “any interests in such property.” Many companies, including General Motors (“GM”), can attribute their post-bankruptcy success to Section 363. The free and clear sale creates a shield from product liability against […]