By Todd E. Phillips, Kevin C. Mackley and Sally J. Sullivan (Caplin & Drysdale). In September, the First Circuit Court of …
Merit Management v. FTI: Law Firm Perspectives
On February 27, the Supreme Court decided Merit Management Group, LP v. FTI Consulting, Inc., holding unanimously that the § …
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First Circuit Holds That Trademark Licensee Loses Right to Use Trademarks When Debtor-Licensor Rejects License
By Brian S. Hermann, Alan W. Kornberg, and Erica G. Weinberger (Paul, Weiss, Rifkind, Wharton & Garrison LLP). Last month, the …
Recent Developments in Bankruptcy Law, February 2018
By Richard Levin (Jenner & Block LLP) The bankruptcy courts and their appellate courts continue to explore issues of interest …
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The Janus Faces of Reorganization Law
By Vincent S. J. Buccola (University of Pennsylvania - The Wharton School - Legal Studies & Business Ethics …
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Secured Transactions and Financial Stability: Regulatory Challenges
By Steven L. Schwarcz (Duke University School of Law) Secured transactions traditionally are regulated to protect transacting …
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Bankruptcy Court Rules That It Has Constitutional Authority to Grant Nonconsensual Releases in Chapter 11 Plan
By Charles M. Oellermann and Mark G. Douglas (Jones Day) Many chapter 11 plans include nonconsensual third-party releases that …
Proposed Bill: Bankruptcy Venue Reform Act of 2018
Earlier this month, Senators John Cornyn, R-TX, and Elizabeth Warren, D-MA, introduced the Bankruptcy Venue Reform Act of 2018. …
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Mandatory Contractual Stay Requirements for Qualified Financial Contracts
By Erika D. White and Donald S. Bernstein of Davis Polk & Wardwell LLP. The U.S. banking agencies have issued rules that …
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How to Restructure Venezuelan Debt
By Lee C. Buchheit (Cleary Gottlieb Steen & Hamilton LLP) & G. Mitu Gulati (Duke University School of Law). There is a …
Deterring Holdout Creditors in a Restructuring of PDVSA Bonds and Promissory Notes
By Lee C. Buchheit (Cleary Gottlieb Steen & Hamilton LLP) & G. Mitu Gulati (Duke University School of Law). Probably the …
Debt Priority Structure, Market Discipline and Bank Conduct
By Piotr Danisewicz (University of Bristol), Danny McGowan (University of Nottingham), Enrico Onali (Aston University; University …
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Selling Innovation in Bankruptcy
By Song Ma (Yale School of Management), (Joy) Tianjiao Tong (Duke University, Fuqua School of Business), and Wei Wang (Queen’s …
Fiduciary Duties in Bankruptcy and Insolvency
By John A. E. Pottow (University of Michigan Law School). Although discussed nowhere in the U.S. Bankruptcy Code, fiduciary …
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Optimal Capital Structure and Bankruptcy Choice: Dynamic Bargaining vs. Liquidation
By Samuel Antill and Steven R. Grenadier (Stanford Graduate School of Business) In this work, we develop and solve a …
Recent Rulings Deepen the Divide on Whether the Bankruptcy Code’s Avoidance Provisions Apply Extraterritorially
By Charles M. Oellermann and Mark G. Douglas (Jones Day) The ability to avoid fraudulent or preferential transfers is a …
Equitable Mootness Doctrine Persists in Bankruptcy Appeals
By Shana A. Elberg, Amy Van Gelder, and Jason M. Liberi (Skadden, Arps, Slate, Meagher & Flom LLP) In recent years, some …
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Recent Developments in Bankruptcy Law October 2017
By Richard Levin (Jenner & Block LLP) The bankruptcy courts and their appellate courts continue to explore issues of interest …
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FTI Argument Analysis: Justices Dubious About Limiting Bankruptcy Court’s Right to Recover Fraudulently Transferred Assets
By Ronald Mann. Published by SCOTUSblog and re-posted with permission. Perhaps a week with only two cases on the argument …
A Few Predictions for Justice Gorsuch’s Bankruptcy Jurisprudence
By Megan McDermott (University of Wisconsin Law School) The confirmation of a new Supreme Court justice offers opportunities to …
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