By Adam C. Harris, Douglas S. Mintz, Abbey Walsh, and Kelly (Bucky) Knight (Schulte Roth & Zabel) Earlier …
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[Texas Two-Step and the Future of Mass Tort Bankruptcy Series] The Texas Two-Step and Mandatory Non-Opt-Out Settlement Powers
By Ralph Brubaker (University of Illinois College of Law) Note: This is the sixth in a series of posts on the Texas Two-Step, the …
[Texas Two-Step and the Future of Mass Tort Bankruptcy Series] Upending the Traditional Chapter 11 Bargain
By Jared A. Ellias (University of California, Hastings College of the Law; Harvard Law School) Note: This is the third in a …
Due Process Alignment in Mass Restructurings
By Sergio J. Campos (University of Miami School of Law) and Samir D. Parikh (Lewis & Clark Law School) Mass tort …
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Holdout Panic
By Stephen J. Lubben (Seton Hall Law School) It has been recognized that corporations themselves are designed to promote …
Texas Two-Stepping Out of Bankruptcy
By Michael A. Francus (Harvard Law School) Johnson & Johnson’s use of the Texas Two-Step to manage its talc liabilities has …
Are Judges Randomly Assigned to Chapter 11 Bankruptcies? Not According to Hedge Funds
By Niklas Hüther (Indiana University) and Kristoph Kleiner (Indiana University) ''The bankruptcy system is supposed to work …
The Judge Behind the Curtain
By Melissa B. Jacoby (Graham Kenan Professor of Law - University of North Carolina School of Law) After a district court halted …
Corporate Bankruptcy Has Lasting Effects on CEO Careers through Frictions in Executive Labor Market
By Andreas Kostøl (Arizona State University - W.P. Carey School of Business; Norges Bank), Morten Grindaker (Norwegian Business …
Senate Judiciary Committee Subcommittee Hearing on the “Texas Two-Step”: A Recap
By Amelia S. Ricketts (Harvard Law School) and Jin Lee (Harvard Law School) On February 8, 2022, the Senate Subcommittee on …
Scarlet-Lettered Bankruptcy: A Public Benefit Proposal for Mass Tort Villains
By Samir D. Parikh (Lewis & Clark Law School) Financially distressed companies often seek refuge in federal bankruptcy …
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S.D.N.Y. Judge Holds Bankruptcy Code Prohibits Board-Appointed Officers from Receiving Payments Under a KERP
By Sarah M. Bartlett (Harvard Law School) On July 9, 2021, Southern District of New York Judge J. Paul Oetken held that §503(c) …
J. Crew, Nine West, and the Complexities of Financial Distress
By Kenneth Ayotte (University of California - Berkeley School of Law) and Christina Scullly (University of California - Berkeley …
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Congressional Committees Propose Changes to Bankruptcy Code Prohibiting Non-Consensual Releases of Third Parties and Limiting Other Important Bankruptcy Tools
By Michael J. Cohen, Michael A. Rosenthal & Matthew J. Williams (Gibson Dunn) The recent decision in In re Purdue Pharma did …
Mandatory Aggregation of Mass Tort Litigation in Bankruptcy
By Ralph Brubaker (James H.M. Sprayregen Professor of Law, University of Illinois College of Law) The recent decision in In re …
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Bankruptcy Grifters
By Lindsey Simon (University of Georgia School of Law) The recent decision in In re Purdue Pharma did not uphold the third-party …
Viability Assessment in Corporate Debt Restructuring: Optimizing the Filtration Effect of the European Directive on Restructuring and Insolvency
By Lydia Tsioli (King’s College London) Despite being pivotal in corporate debt restructuring, viability, an intricate notion …
The Case for Bankruptcy Court Discretion to Shift Attorney’s Fees
By Daniel J. Bussel (Professor of Law, UCLA School of Law) Neither the “American Rule” (each party pays its own attorney) nor …
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COVID-19 Debt and Bankruptcy Infrastructure
By Robert K. Rasmussen (USC Gould School of Law) The COVID pandemic put unprecedented pressure on all economies around the …
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“Confessions” of a Forum Shopper, Part II – Debtors Without Borders
By Andrew Dietderich (Sullivan & Cromwell LLP) Part II of Andrew Dietderich’s treatment of the practical side of forum …
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