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 …
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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 …
What’s Done is Done: Third Circuit Upholds Equitable Mootness and Rules Out Possibility of Individualized Relief for Timely Objecting Party
By Robert Lemons (Weil) and Patrick Feeney (Weil) Over the past several years, certain circuits criticized the Equitable …
Ultra III: Law Firm Perspectives
By Xiao Ma (Harvard Law School) On November 26, 2019, the Fifth Circuit granted a petition for rehearing en banc and issued a …
Covenant of Good Faith and Fair Dealing Examined: La Paloma
By Ronit J. Berkovich and Fraser Andrews (Weil) On January 13, 2020, the United States Bankruptcy Court for the District of …
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Tribune II: Law Firm Perspectives
By Xiao Ma (Harvard Law School) On December 19, 2019, the Second Circuit issued its amended opinion in In re Tribune Company …
Triangular Setoff Impermissible Under Section 553: No Contracting or Theorizing Around It, Section 553 Requires Mutuality
By Ronit J. Berkovich, Andriana Georgallas and Aarti Gupta (Weil, Gotshal & Manges LLP). In a recent decision, In re Orexigen …
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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Momentive: Law Firm Perspectives
On October 28, 2017, the United States Court of Appeals for the Second Circuit handed down its decision in In re MPM Silicones, …
Second Circuit Rules on § 316(b) in Marblegate
Last week, the Second Circuit decided Marblegate Asset Management, LLC v. Education Management Corp., holding that § 316(b) of the …
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Tinkering with Ipso Facto Provisions Could Send Them Sailing out of Safe Harbors
By Maurice Horwitz (Weil, Gotshal & Manges) Recently, the United States Bankruptcy Court for the Western District of Louisiana …
Strategies for Purchasing and Selling Assets in Chapter 11
By Jacqueline Marcus (Weil, Gotshal & Manges) and Doron Kenter (Robins Kaplan) Sales of a debtor’s assets pursuant to section …
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Genco: Dry Bulk Shipping Valuations No Longer Anchored to Discounted Cash Flow Method
By Gabriel A. Morgan, Weil Gotshal LLP Discounted cash flow analysis is a mainstay among the valuation methodologies used by …
A Recent Decision in the Fisker Case Brings New Life to the Credit Bidding Debate
Author: Nelly Almeida, Weil Gotshal & Manges LLP On January 10, 2014, the United States Bankruptcy Court for the District of …