By Daniel J. Bussel (UCLA School of Law) The Second Circuit recently issued its revised opinion in Tribune Company Fraudulent …
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Recent Developments in Cross-Border Insolvency and Recognition of Foreign Bankruptcy Proceedings in the US Bankruptcy Courts
By Mark G. Douglas and Dan T. Moss (Jones Day) On July 25, 2019, the Judicial Insolvency Network announced its adoption of …
Make-Whole Claims in Bankruptcy
By Sam Lawand (White & Case LLP) The well-established “perfect tender in time rule” dictates that debt must be repaid only …
Fifth Circuit Rules That Corporate Charter Provision Requiring Shareholder Consent for Bankruptcy Filing Is Enforceable but Declines to Rule on Validity of “Golden Shares”
By Mark A. Cody and Mark G. Douglas (Jones Day). In a highly anticipated decision, the U.S. Court of Appeals for the Fifth …
A New Approach to Executory Contracts
By John A. E. Pottow (University of Michigan Law School) Few bankruptcy topics have bedeviled courts—and busied commentators—as …
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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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