By Michael A. Francus (Harvard Law School) Johnson & Johnson’s use of the Texas Two-Step to manage its talc liabilities has …
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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Amicus Brief on the Scope of the Bankruptcy Safe Harbor for Securities Settlement Payments Filed in Merit Mgmt. v. FTI Consulting
By Ralph Brubaker (University of Illinois College of Law), Bruce A. Markell (Northwestern University Pritzker School of Law), …
Understanding the Scope of the § 546(e) Securities Safe Harbor Through the Concept of the “Transfer” Sought to Be Avoided
By Ralph Brubaker (University of Illinois College of Law) Bankruptcy Code § 546(e) contains a safe harbor that prevents avoidance …
The Avoidance of Pre-Bankruptcy Transactions: A Comparative and Economic Approach
By Aurelio Gurrea-Martínez (Harvard Law School and Ibero-American Institute for Law and Finance) Most insolvency jurisdictions …