By Lisa M. Schweitzer and Emily P. King (Cleary Gottlieb Steen & Hamilton) In an opinion issued on March 27, 2024, in …
Continue Reading about Delaware Bankruptcy Judge Declines to Order Arbitration of Key Pension Claims
[Purdue Pharma Bankruptcy Series] Mass Torts, The Bankruptcy Power, and Constitutional Limits on Mandatory No-Opt-Outs Settlements
Editor's Note: We're pleased to continue our series of original content on the implications of the Supreme Court's ruling in the …
[Purdue Pharma Bankruptcy Series] What Happens After the Supreme Court’s Debacle in Purdue Pharma?
Editor's Note: We're pleased to continue our series of original content on the implications of the Supreme Court's ruling in the …
[Purdue Pharma Bankruptcy Series] The End(s) of Bankruptcy Exceptionalism: The Future of Mass Tort Reorganization After Purdue Pharma
Editor's Note: We're pleased to continue our series of original content on the implications of the Supreme Court's ruling in the …
[Purdue Pharma Bankruptcy Series] Now Liquidate Purdue
Editor's Note: On June 27, 2024, the Supreme Court ruled in Harrington v. Purdue Pharma that the nonconsensual nondebtor …
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Pledged Equity Proxy Rights and the Rise of the Board Flip
By David N. Griffiths and Alexander P. Cohen (Weil, Gotshal & Manges) Summary 1. Sponsors should be aware of recent …
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The Rise of The Sponsor-in-Possession and Implications for Sponsor (Mis)Behavior
By Dan Kamensky (Adjunct Professor of Finance & co-Director Altman – Paulson Initiative on Bankruptcy, Restructuring & …
Getting Public Information in Chapter 11
By Thomas Moers Mayer and Nancy M. Bello (Kramer Levin) Companies in Chapter 11 must publicly report substantial financial …
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New York Bankruptcy Court: Setoff and Unjust Enrichment Cannot Be Asserted as Affirmative Defenses in Bankruptcy Avoidance Litigation
By Daniel J. Merrett (Jones Day) In a 2021 ruling, the U.S. Court of Appeals for the Second Circuit revived nearly 100 …
Academic Roundup 2023-2024 with Reorg
The Harvard Law School Bankruptcy Roundtable’s collaboration with Reorg continues with the first Reorg/BRT Academic Roundup. This …
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Do Hedge Funds Exploit Material Nonpublic Information? Evidence from Corporate Bankruptcies
By Professor Wei Wang, Yan Yang, and Professor Jingyu Zhang (Smith School of Business, Queen’s University) Hedge funds …
FTX’d: Conflicting Public and Private Interests in Chapter 11
By Professor Jonathan C. Lipson (Temple University- James E. Beasley School of Law) and Professor David A. Skeel (University of …
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The Legal Anomaly of Non-Recourse Financing
By Professor Steven Schwarcz (Duke University School of Law) and Christina Trepczynski (Duke University School of Law JD …
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Against Bankruptcy; Bankruptcy by Another Name
Editor's Note: As the Supreme Court considers the bankruptcy of Purdue Pharma and whether the nonconsensual nondebtor releases …
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One Step Ahead: Restructuring Considerations in an Uncertain Economic Climate
By Lisa M. Schweitzer and Thomas Kessler (Cleary Gottlieb Steen & Hamilton LLP) At the end of 2023, economic indicators …
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Bankruptcy’s Turn to Market Value
By Professor Mark Roe (Harvard Law School) and Professor Michael Simkovic (USC Gould School of Law) Many lawyers viewed …
Early Stage Capital Raising Trends in Chapter 11 Reorganizations
Editor's Note: See Professor Kenneth Ayotte's recent Roundtable article on sub rosa DIP loans here. By Judge Robert D. Drain, …
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A Commitment Rule for Insolvency Forum
By Professor Anthony Casey (University of Chicago Law School), Professor Aurelio Gurrea-Martinez (Singapore Management …
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SPAC Bankruptcies
Editor's Note: This article was originally published in Turnarounds & Workouts, Vol. 37, No. 6., pp 1-5 (subscription …
Predicting Bankruptcy: Ask the Employees
By Professor John Knopf (University of Connecticut School of Business) and Professor Kristina Lalova (Michigan State University - …
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