By Dan Kamensky (Adjunct Professor of Finance & co-Director Altman – Paulson Initiative on Bankruptcy, Restructuring & …
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 …
Generalized Creditors and Particularized Creditors: Against a Unified Theory of Standing in Bankruptcy
By Jeanne L. Schroeder and David Gray Carlson (Benjamin N. Cardozo School of Law) Courts have struggled toward a unified …
Financial Disequilibrium
By Samir Parikh (Lewis & Clark Law School) Corporate bankruptcy cases have recently undergone a shift. After decades where …
“A Bitter Result”: Purdue Pharma, a Sackler Bankruptcy Filing, and Improving Monetary and Nonmonetary Recoveries in Mass Tort Bankruptcies
By William Organek (Harvard Law School) Purdue Pharma, the maker of OxyContin, filed for bankruptcy in 2019 to resolve …
[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] Is the Texas Two-Step a Proper Chapter 11 Dance?
By David Skeel (University of Pennsylvania Carey Law School) Note: This is the fifth in a series of posts on the Texas Two-Step, …
[Texas Two-Step and the Future of Mass Tort Bankruptcy Series] Vertical Forum Shopping in Bankruptcy
By Jonathan C. Lipson (Temple University-Beasley School of Law) Note: This is the second in a series of posts on the Texas Two …
Second Circuit Affirms Enforceability of Swaps’ Flip Provisions
By Shmuel Vasser (Dechert) Swaps, like other financial contracts (repurchase agreements, securities contracts, commodities …
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Tribune II: Law Firm Perspectives
By Xiao Ma (Harvard Law School) On December 19, 2019, the Second Circuit issued its amended opinion in In re Tribune Company …
Purdue Examiner Letter
By Jonathan C. Lipson (Temple University Beasley School of Law), Adam J. Levitin (Georgetown Law Center), Stephen J. Lubben (Seton …
Second Circuit Fumbles Tribune on Reconsideration
By Daniel J. Bussel (UCLA School of Law) The Second Circuit recently issued its revised opinion in Tribune Company Fraudulent …
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Second Circuit Backs Foreign Clawback Claims in Madoff Bankruptcy Action
By Adam J. Goldberg, Christopher Harris, Robert J. Malionek, Kevin L. Mallen (Latham & Watkins) In In re Picard, Tr. for …
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Insider Status and U.S. Bank v. Village at Lakeridge
By Ronit J. Berkovich and David Li (Weil, Gotshal & Manges LLP). The U.S. Supreme Court, in U.S. Bank Nat’l Ass’n v. Village …
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Third Circuit Dismisses Crystallex’s Fraudulent Transfer Claim But Potential Liability Remains for PDVSA
By Richard J. Cooper and Boaz S. Morag (Cleary Gottlieb Steen & Hamilton, LLP). On January 3, 2018, the United States Court …
Merit Management v. FTI: Law Firm Perspectives
On February 27, the Supreme Court decided Merit Management Group, LP v. FTI Consulting, Inc., holding unanimously that the § …
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