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 …
Can Reasonable Minds Disagree? Wesco Sends Uptier Claims to Fact-Finding
By Ryan Preston Dahl, Leonard Klingbaum, Stephen Iacovo, and Tessa Ptucha (Ropes & Gray LLP) Judge Isgur’s recent …
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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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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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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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[Purdue Pharma Bankruptcy Series] Are Third-Party Releases Proper?
Editor's Note: On August 10, 2023, the Supreme Court of the United States agreed to hear the appeal of the bankruptcy of Purdue …
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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 …
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 …
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Recent Developments at the Intersection of Bankruptcy and Environmental Law
By Thomas Goslin (Weil, Gotshal, & Manges LLP) Retired U.S. Bankruptcy Judge Robert E. Gerber once observed that issues as to …
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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 …
Holdout Panic
By Stephen J. Lubben (Seton Hall Law School) It has been recognized that corporations themselves are designed to promote …
Texas Two-Stepping Out of Bankruptcy
By Michael A. Francus (Harvard Law School) Johnson & Johnson’s use of the Texas Two-Step to manage its talc liabilities has …