By Anthony J. Casey (Professor of Law, The University of Chicago Law School), Joshua C. Macey (Assistant Professor of Law, The …
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Lawyer Networks and Corporate Bankruptcies
By Vidhan K. Goyal (Hong Kong University of Science and Technology), Joshua Madsen (Carlson School of Management, University of …
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Puerto Rico; Act III
By Stephen J. Lubben (Seton Hall University School of Law) Since 2017, the Commonwealth of Puerto Rico (and certain of its …
Germany Poised for Big Step Towards Corporate Restructuring Best Practice
By Sacha Luerken (Kirkland & Ellis) Germany’s insolvency law has only in very few cases - around 1% of filings - been used …
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Regulating Bankruptcy Bonuses and Protecting Workers in the Age of COVID-19
By Jessica Ljustina (Harvard Law School) Since March, executives of 18 large companies received over $135 million total in …
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Special Considerations for Protecting Interests under Water Agreements in Bankruptcy
By Rahul D. Vashi, Anna G. Rotman, Chris Heasley, Shubi Arora, Kenneth A. Young, Fraser F. Wayne, and John C. Elkins (Kirkland …
Argentina’s Quest for the Moral High Ground in the Recent Restructuring with Its Foreign Bondholders
By Steven T. Kargman (Kargman Associates/International Restructuring Advisors) Argentina’s new government under …
When Arbitration Meets Bankruptcy: Considering Arbitration Options in the Wake of a Growing Rise in Corporate Insolvencies
By Shana A. Elberg, Christine A. Okike, & Jennifer Permesly (Skadden) The economic hardships brought about by the …
The New Mass Torts Bargain
By Samir D. Parikh (Lewis & Clark Law School) Mass torts create a unique scale of harm and liabilities. Corporate …
Independence and Impartiality of Resolution Professionals Under Indian Law: Filling the Gaps or Creating Law?
By Sanjay Kumar Yadav, Syamantak Sen, and Vivek Badkur (National Law Institute University, Bhopal, India) Under Indian …
Big Data Meets Bankruptcy
By Carl Wedoff (Jenner & Block), David P. Saunders (Jenner & Block) For as long as there have been consumer …
Insolvency of Significant Non-Financial Enterprises: What Can We Learn from Bank Failures and Bank Resolution?
By Ilya Kokorin, Leiden Law School (The Netherlands) The current economic downturn triggered by the spread of COVID-19 …
Oversecured Creditor’s Right to Contractual Default-Rate Interest Allowed Under State Law
By Stacey L. Corr-Irvine and Mark G. Douglas (Jones Day) It is generally well understood that an “oversecured” creditor is …
Second Circuit Affirms Enforceability of Swaps’ Flip Provisions
By Shmuel Vasser (Dechert) Swaps, like other financial contracts (repurchase agreements, securities contracts, commodities …
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Insolvency Law in Emerging Markets
By Aurelio Gurrea-Martínez (Singapore Management University) Corporate insolvency law can serve as a powerful mechanism to …
Secured Creditor’s “Net Economic Damages” Estimate of Disputed Claims “Plainly Insufficient” to Establish Collateral Value
By Paul M. Green and Mark G. Douglas (Jones Day) Valuation is a critical and indispensable part of the bankruptcy process. …
Update on Corporate Bankruptcy Tax Refund Litigation
By Michael L. Cook (Schulte Roth & Zabel) Federal courts regularly resolve consolidated corporate tax refund disputes in …
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Challenges of Emerging Market Restructurings in the Age of COVID-19
By Steven T. Kargman (Kargman Associates/International Restructuring Advisors) As part of the overall global economic slowdown …
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Bankruptcy Process for Sale
By Kenneth Ayotte (University of California Berkeley School of Law) and Jared A. Ellias (University of California Hastings College …
Claims, Classes, Voting, Confirmation and the Cross-Class Cram-Down
By Tomas Richter (Clifford Chance) and Adrian Thery (Garrigues) Under EU Directive 2019/1023 promulgated in June 2019, the 27 …
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