By Professor Jonathan C. Lipson (Temple University- James E. Beasley School of Law) and Professor David A. Skeel (University of …
Continue Reading about FTX’d: Conflicting Public and Private Interests in Chapter 11
Mass Tort Bankruptcy Goes Public
By Professor William Organek (Zicklin School of Business, Baruch College) Large companies like 3M, Johnson & Johnson, …
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 …
Continue Reading about Against Bankruptcy; Bankruptcy by Another Name
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 …
Continue Reading about One Step Ahead: Restructuring Considerations in an Uncertain Economic Climate
Filling an Empty Arsenal: Puerto Rico’s Bankruptcy from the Recovery Act to PROMESA
By Richard Cooper (Cleary Gottlieb) and Antonio Pietrantoni (Pietrantoni Mendez & Alvarez) Editor's Note: This article was …
One Person Can Knock Out Our Firm? Imputation and Retention Risks for Professionals Under Chapter 11
By Marshall S. Huebner, Adam L. Shpeen, and Hailey W. Klabo (Davis Polk & Wardwell LLP) The Bankruptcy Code applies …
Bankruptcy Amnesia
By Jonathan Lipson (Temple University Beasley School of Law) [Editor's Note: The author represented, on a pro bono basis, an …
Roundup: Ultra Petroleum and Contractual Make-Wholes
The Fifth Circuit held in October of this year in In re Ultra Petroleum Corp., 51 F.4th 138 (5th Cir. 2022) that a contractual …
Continue Reading about Roundup: Ultra Petroleum and Contractual Make-Wholes
Bankruptcy-Remote Structuring: Reallocating Risk Through Law
By Steven Schwarcz (Stanley A. Star Distinguished Professor of Law & Business, Duke University School of …
Continue Reading about Bankruptcy-Remote Structuring: Reallocating Risk Through Law
Preference Due Diligence in the Crypto Winter
By Michael Rosella (Katten Muchin Rosenman LLP) and Dan McElhinney (Stretto) The crypto winter has arrived! Among many other …
Continue Reading about Preference Due Diligence in the Crypto Winter
“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] Upending the Traditional Chapter 11 Bargain
By Jared A. Ellias (University of California, Hastings College of the Law; Harvard Law School) Note: This is the third in a …
Fifth Circuit Doubles Down on Right to Reject Filed-rate Contracts, but With an Exception
By Ronald Silverman, John Beck and Katherine Lynn (Hogan Lovells) The Fifth Circuit recently issued an opinion, Federal …
Mitigating Rejection of Midstream Agreements in Bankruptcy
By David H. Sweeney, Jason P. Rubin, and Laura P. Warrick (Akin Gump Strauss Hauer & Feld, LLP), with Practical Law Oil & …
Continue Reading about Mitigating Rejection of Midstream Agreements in Bankruptcy
Corporate Bankruptcy Has Lasting Effects on CEO Careers through Frictions in Executive Labor Market
By Andreas Kostøl (Arizona State University - W.P. Carey School of Business; Norges Bank), Morten Grindaker (Norwegian Business …
Recent Delaware Bankruptcy Rulings Address Whether a Plan of Reorganization Can Deny a ‘Make-Whole’ Payment Without Impairing Lenders’ Claims
By Ron E. Meisler, Carl T. Tullson, Jennifer Madden, Justin Larsen (Skadden) A number of recent bankruptcy court rulings have …
Arbitrate? You Can’t Make Me! Rejection Trumps Arbitration, Says Texas Bankruptcy Court
By Ronit J. Berkovich (Weil Gotshal & Manges) and Eric Einhorn (Weil Gotshal & Manges) In a recent decision, In re …
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 …
Continue Reading about Scarlet-Lettered Bankruptcy: A Public Benefit Proposal for Mass Tort Villains