By Steven L. Schwarcz, Duke University School of Law Professor Schwarcz examines whether the bankruptcy “safe harbor” for …
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Rolling Back the Repo Safe Harbors
Authors: Edward R. Morrison, Mark J. Roe, and Hon. Christopher S. Sontchi Recent decades have seen substantial expansion in …
Another Court of Appeals Broadly Reads Settlement Payment Safe Harbor
By Michael L. Cook, Schulte Roth & Zabel LLP The Courts of Appeals, with few exceptions, have broadly read the safe harbor …
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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 …
The Bankruptcy-Law Safe Harbor for Derivatives: A Path-Dependence Analysis
Authors: Steven L. Schwarcz and Ori Sharon Bankruptcy law gives creditors in derivatives transactions a “safe harbor” in the form …
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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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