By Edward J. Janger (Professor, Brooklyn Law School) and Adam J. Levitin (Professor, Georgetown University Law Center) In …
Continue Reading about The Proceduralist Inversion – A Response to Skeel
By Edward J. Janger (Professor, Brooklyn Law School) and Adam J. Levitin (Professor, Georgetown University Law Center) In …
Continue Reading about The Proceduralist Inversion – A Response to Skeel
By Amir Licht (Professor, Interdisciplinary Center Herzliya, Israel) In several common law jurisdictions, creditors of …
By Corinne Ball, George Cahill, Kay Morley, Jay Tambe, Bruce Bennett, & Heather Lennox (Jones Day) A recent spate …
Continue Reading about Chapter 15 and Bankruptcy Credit Events under Credit Default Swaps
By Duston K. McFaul & Juliana Hoffman (Sidley) On October 14, 2020, the honorable Christopher Sontchi, Chief Judge of the …
By Vidhan K. Goyal (Hong Kong University of Science and Technology), Joshua Madsen (Carlson School of Management, University of …
Continue Reading about Lawyer Networks and Corporate Bankruptcies
By Sacha Luerken (Kirkland & Ellis) Germany’s insolvency law has only in very few cases - around 1% of filings - been used …
Continue Reading about Germany Poised for Big Step Towards Corporate Restructuring Best Practice
By Rahul D. Vashi, Anna G. Rotman, Chris Heasley, Shubi Arora, Kenneth A. Young, Fraser F. Wayne, and John C. Elkins (Kirkland …
By Shana A. Elberg, Christine A. Okike, & Jennifer Permesly (Skadden) The economic hardships brought about by the …
By Samir D. Parikh (Lewis & Clark Law School) Mass torts create a unique scale of harm and liabilities. Corporate …
By Sanjay Kumar Yadav, Syamantak Sen, and Vivek Badkur (National Law Institute University, Bhopal, India) Under Indian …
By Carl Wedoff (Jenner & Block), David P. Saunders (Jenner & Block) For as long as there have been consumer …
By Stacey L. Corr-Irvine and Mark G. Douglas (Jones Day) It is generally well understood that an “oversecured” creditor is …
By Shmuel Vasser (Dechert) Swaps, like other financial contracts (repurchase agreements, securities contracts, commodities …
Continue Reading about Second Circuit Affirms Enforceability of Swaps’ Flip Provisions
By Paul M. Green and Mark G. Douglas (Jones Day) Valuation is a critical and indispensable part of the bankruptcy process. …
By Michael L. Cook (Schulte Roth & Zabel) Federal courts regularly resolve consolidated corporate tax refund disputes in …
Continue Reading about Update on Corporate Bankruptcy Tax Refund Litigation
By Tomas Richter (Clifford Chance) and Adrian Thery (Garrigues) Under EU Directive 2019/1023 promulgated in June 2019, the 27 …
Continue Reading about Claims, Classes, Voting, Confirmation and the Cross-Class Cram-Down
By Shana A. Elberg, Seth E. Jacobson, & George R. Howard (Skadden) Today, U.S. borrowers are more indebted than ever …
By Efraim Benmelech (Northwestern University - Kellogg School of Managemen, Nitish Kumar (University of Florida), and Raghuram …
By Professor Nancy Rapoport (William S. Boyd School of Law, University of Nevada, Las Vegas) As someone who studies …
By Michael Ohlrogge (New York University School of Law) In 2009, the Seventh Circuit ruled in U.S. v. Apex Oil that certain …