The Legal Intelligencer | Commentary
By Francis J. Lawall and Kenneth A. Listwak | October 27, 2022
In Windstream, the U.S. District Court for the Southern District of New York, on appeal, found that while certain business practices—a potentially false targeted advertising campaign—may be illegal, it did not follow that such actions were necessarily an attempt to exercise control of estate property.
Delaware Business Court Insider
By Ellen Bardash | October 25, 2022
The proposed class of GNC shareholders, those who held Class A common stock between February 2018 and June 2020, is represented by New Jersey attorney John Tang, who is also a named plaintiff in the case, owning nearly 8% of GNC's stock.
New York Law Journal | Analysis
By Barbara M. Goodstein | October 5, 2022
What exactly is "search logic"? And, even more importantly, what does it mean if a particular jurisdiction does not have any?
Delaware Business Court Insider | Commentary
By Lawrence J. Kotler | September 28, 2022
Recently, in RC JRV Trust v. Barnes & Thornburg (In re JRV Group USA), No. 19-11095 (KBO), 2022 WL 3646288, at *1 (D. Del. Aug. 24, 2022), the U.S. District Court for the District of Delaware granted, in part, a motion for leave to appeal an interlocutory order of the U.S. Bankruptcy Court for the District of Delaware filed by the defendant, Barnes & Thornburg.
The Legal Intelligencer | News
By Ellen Bardash | September 12, 2022
Now a trust of more than $2.4 billion in settlement funds obtained to date can start to be distributed to the more than 82,000 abuse claimants, though there's no set timetable for when that process will be complete.
The Legal Intelligencer | Commentary
By Francis J. Lawall and Nathaniel T. DeLoatch | September 8, 2022
The scope of releases and exculpation, is often a key point of contention in these cases, and therefore, appeals are not uncommon. The ability to appeal a confirmation order in a substantively consummated plan can meaningfully impact release/exculpation issues as well as a host of others.
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | September 5, 2022
In an opinion issued by the U.S. Court of Appeals for the Fifth Circuit dated Aug. 11, in a case styled In re Falcon V, case no. 21-30668, the court held a surety bond is not an executory contract, and the debtor's obligations under the bonds could not be enforced.
Delaware Business Court Insider
By Ellen Bardash | September 1, 2022
"I think this is far and away the most complicated Chapter 11 case we've ever seen," said White & Case partner Jessica Lauria, representing the Boy Scouts.
Delaware Business Court Insider | Commentary
By Barry M. Klayman and Mark E. Felger | August 31, 2022
In Miller v. Black Diamond Capital Management (In re Bayou Steel BD Holdings), Adv. Pro. No. 21-51013 (KBO), 2022 WL 3079861 (Bankr. D. Del. Aug. 3, 2022), U.S. Bankruptcy Judge Karen B. Owens held that Delaware's three-year statute of repose on the liability of a member for distributions from a limited liability company, measured from the date of distribution, was preempted by Section 546 of the Bankruptcy Code.
The Legal Intelligencer | Commentary
By Rudolph J. Di Massa Jr. and Drew S. McGehrin | August 11, 2022
In re McGinn provides an example of a bankruptcy court's duties to weigh the often competing interests between the general policy of a "fresh start" conferred through a successful bankruptcy case against interests of fairness to parties who have suffered significant injuries willfully caused by the debtor.
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