Timothy C.G. Fisher, University of Sydney Ilanit Gavious, Ben-Gurion University of the Negev Jocelyn Martel, ESSEC Business …
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Bankruptcy Resolution and the Restoration of Priority of Claims
Vedran Capkun, Associate Professor, Accounting and Management Control, HEC Paris Lawrence Weiss, Professor of International …
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Bankruptcy Advisory: What Can Oil Pipelines Do As Shipper Bankruptcy Risk Increases?
By Filiberto Agusti, Caroline H.B. Gaudet, and Steven Reed, Steptoe & Johnson LLP The expansion of North American petroleum …
Developing a New Resolution Regime for Failed Systemically Important Financial Institutions
Stephanie Massman, J.D. 2015, Harvard Law School In the wake of the 2007-2008 financial crisis, criticism surrounded not …
The Effect of Executive Compensation on Recoveries
By Andrea Pawliczek, Leeds School of Business, University of Colorado - Boulder The structure of executive compensation …
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Tribune Fraudulent Conveyance Litigation Roundup
Recently, in In re Tribune Co. Fraudulent Conveyance Litig., 2016 WL 1226871 (March 29, 2016), the Second Circuit held that 11 …
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28 Law Firms Publish White Paper Addressing Trust Indenture Act Complications In Debt Restructurings
By David A. Brittenham, Matthew E. Kaplan, M. Natasha Labovitz, Peter J. Loughran, Jeffrey E. Ross, and My Chi To of Debevoise …
Texas Supreme Court Resolves Good Faith Value Defense Issue For Fifth Circuit
By Michael L. Cook, Schulte Roth & Zabel LLP The Uniform Fraudulent Transfer Act ("UFTA") (§ 8(a)), like Bankruptcy …
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Failure of the Clearinghouse: Dodd-Frank’s Fatal Flaw?
Stephen J. Lubben Harvey Washington Wiley Chair in Corporate Governance & Business Ethics, Seton Hall University School of …
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The Crude Downturn for Oil Companies
By John England, Andrew Slaughter, and Anshu Mittal of Deloitte LLP The ups and downs in the crude oil and natural gas (O&G) …
Fifth Circuit Affirms Secured Lender Surcharge
By Michael L. Cook, Schulte Roth & Zabel LLP The cost of maintaining a secured lender's collateral is usually borne by the …
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Third Circuit holds Sec. 1113 of the Bankruptcy Code applicable to already-expired CBAs
By Mark A. Salzberg and Jill S. Kirila of Squire Patton Boggs The Bankruptcy Code prohibits a debtor from unilaterally rejecting …
External and Internal Asset Partitioning: Corporations and Their Subsidiaries
By Henry Hansmann, Yale Law School, and Richard Squire, Fordham University School of Law In our book chapter “External and …
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S.D.N.Y. Holds that Avoidance Powers Can be Applied Extraterritorially
By Fredric Sosnick, Douglas P. Bartner, Joel Moss, Solomon J. Noh and Ned S. Schodek of Shearman & Sterling LLP On January 4, …
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Second Circuit Says Section 546 of Bankruptcy Code Preempts State Law Constructive Fraud Claims
By Donald Bernstein, Elliot Moskowitz, Damian Schaible, Eli Vonnegut, Alicia Llosa Chang, and Tina Hwa Joe of Davis Polk & …
Tighter Standards Emerge For Pleading Intentional Fraudulent Transfer Claims
By Mark Chehi, Robert Weber and Stephen Della Penna of Skadden, Arps, Slate, Meagher & Flom LLP The U.S. Bankruptcy Court for …
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The Abolition of Dysfunctional Contracts in Bankruptcy Reorganizations
By Jay Lawrence Westbrook and Kelsi Marie Stayart, University of Texas at Austin School of Law A traditional case law test has …
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Lehman’s Derivative Portfolio
By Stephen Lubben, Seton Hall University School of Law Derivatives themselves were likely at most a secondary cause of the …
United States Court of Appeals for the Second Circuit Holds That Claims Arising from Securities of a Debtor’s Affiliate Must Be Subordinated to Senior or Equal Claims of the Same Type as the Underlying Securities
By Fredric Sosnick, Douglas P. Bartner, Joel Moss, Solomon J. Noh and Ned S. Schodek of Shearman & Sterling LLP Lehman …
The Trust Indenture Act of 1939 in Congress and the Courts in 2016: Bringing the SEC to the Table
By Mark J. Roe, Harvard Law School The Trust Indenture Act’s ban on restructuring payment terms via a vote has come to the fore …