By Jared A. Ellias (University of California, Hastings College of the Law; Harvard Law School) Note: This is the third in a …
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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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 …
The Municipal Bond Cases Revisited
By Allison Buccola (Independent) and Vince Buccola (Assistant Professor, The Wharton School) Puerto Rico’s Title III …
Delaware Corporate Law and the “End of History” in Creditor Protection
By Jared A. Ellias (University of California Hastings Law) and Robert J. Stark (Brown Rudnick LLP) We briefly survey the …
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Towards an Optimal Model of Directors’ Duties in the Zone of Insolvency: An Economic and Comparative Approach
By Aurelio Gurrea-Martínez (Singapore Management University) When a company becomes factually insolvent but it is not yet …
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 …
This DIP Loan Brought to You by Someone Who CARES!
By Thomas J. Salerno, Gerald Weidner, Christopher Simpson, and Susan Ebner, (Stinson …
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Teams and Bankruptcy
Ramin Baghai (Stockholm School of Economics), Rui Silva (London Business School), Luofu Ye (London Business School) Corporate …
Disagreement and Capital Structure Complexity
By Kenneth Ayotte (University of California, Berkeley School of Law) Complex capital structures are prevalent in many recent …
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Financially Distressed Companies, Restructuring and Creditors’ Interests: What is a Director to Do?
By Andrew Keay (University of Leeds) Out of court restructuring is a popular and, according to many, optimal way of resolving the …
Piercing the Corporate Veil: Historical, Theoretical and Comparative Perspectives
By Cheng-Han Tan, Jiangyu Wang, Christian Hofmann (National University of Singapore Law School) Corporate personality is not …