The Federal Reserve Bank of New York’s Liberty Street Economics Blog has run a series of five posts seeking to estimate the total …
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A Functional Analysis of SIFI Insolvency
By Stephen J. Lubben (Seton Hall University School of Law) Since the disgrace of Lehman, the question of how to handle failing …
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Senator Reed Introduces Study Bill to Assess Systemic Risk Impact of “Bankruptcy-for-Banks” Reforms
On December 6, Senator Jack Reed introduced a bill aimed at establishing a more informed basis for regulatory and policymaking …
Lehman’s Derivative Portfolio
By Stephen Lubben, Seton Hall University School of Law Derivatives themselves were likely at most a secondary cause of the …
United States Court of Appeals for the Second Circuit Holds That Claims Arising from Securities of a Debtor’s Affiliate Must Be Subordinated to Senior or Equal Claims of the Same Type as the Underlying Securities
By Fredric Sosnick, Douglas P. Bartner, Joel Moss, Solomon J. Noh and Ned S. Schodek of Shearman & Sterling LLP Lehman …
Restructuring Failed Financial Firms in Bankruptcy: Selling Lehman’s Derivatives Portfolio
By Mark J. Roe, Harvard Law School, and Stephen D. Adams, Ropes & Gray LLP Lehman Brothers’ failure and bankruptcy led to …
Practitioners, Academics, and a Judge Testify about Safe Harbors before Congress
Author: Stephen D. Adams The House Judiciary Subcommittee on Regulatory Reform, Commercial, and Antitrust Law has held two sets …
Lehman Bankruptcy Court Issues Safe Harbor Decision
Authors: Kathryn Borgeson, Mark Ellenberg, Lary Stromfeld, John Thompson On December 19, 2013, Judge James M. Peck of the United …
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