New York Law Journal | Expert Opinion
By Jeffrey B. Steiner and Megan Vallerie | September 19, 2023
In their Financing column, Jeff Steiner and Megan Vallerie discuss 'Kirschner v. JP Morgan Chase Bank,' which examines the question: "Are notes sold as part of loan syndication securities?"
New York Law Journal | Analysis
By Richard J. Bernard and Roya Imani | September 17, 2023
In this article, Richard J. Bernard and Roya Imani explore the challenges faced by U.S. debtors aiming to qualify for Chapter 15 recognition.
New York Law Journal | Analysis
By Emily Slater | September 17, 2023
US corporate bankruptcy filings are at the highest point since 2010, signaling a significant increase in bankruptcy activity for the first time since the legal finance industry emerged in the wake of the 2007-2008 financial crisis.
New York Law Journal | Analysis
By Gregory Plotko and Marissa Higgins | September 17, 2023
In this article, Gregory Plotko and Marissa Higgins discuss in substance the most pressing issues for both landlords and tenants in the event of a WeWork bankruptcy filing under the U.S. Bankruptcy Code.
New York Law Journal | Analysis
By Stuart I. Gordon and Alexandria E. Tomanelli | September 17, 2023
This article addresses the "Texas Two-Step" litigation strategy when it comes to bankruptcy and discusses whether this strategy of utilizing the Chapter 11 process to handle mass tort litigation claims is fair, effective and will survive the scrutiny of the courts.
New York Law Journal | Analysis
By Robert W. Dremluk | September 17, 2023
On Aug. 10, 2023, the U.S. Supreme Court stayed a decision of the U.S. Court of Appeals for the Second Circuit that held that nonconsensual third-party releases of direct claims against nondebtors are statutorily permitted under sections 105(a) and 1123(b)(6) of the Bankruptcy Code and that the court's case law allows for nonconsensual third-party claim releases in specific circumstances.
By Jane Wester | September 12, 2023
U.S. District Judge Analisa Torres took the guilty plea from ex-lawyer John Roesser, who was a partner at a series of major firms.
By ALM Staff | September 11, 2023
This ruling was selected and summarized by the New York Law Journal's decision editors.
New York Law Journal | Expert Opinion
By Theresa A. Driscoll | September 11, 2023
In the 45 years since the enactment of the Bankruptcy Code, the Chapter 11 process has been successfully used by companies to address and resolve mass tort liabilities. However, what were once considered legitimate uses of Chapter 11 may now be rejected by bankruptcy courts as bad faith filings.
New York Law Journal | Analysis
By Seth Kleinman, Sean Daly and Darren Smolarski | August 30, 2023
Lenders holding a majority of loans in a syndicated debt instrument notched another win in the non-pro rata refinancing wars when the U.S. Bankruptcy Court for the Southern District of Texas issued an opinion approving confirmation of the Chapter 11 plan of Serta Simmons Bedding and its affiliated debtors.
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In Memoriam: Richard "Dick" K. DeScherer (1944-2024) We mourn the loss of our friend and former partner and Co-Chairman, Richard "Dick" K. DeScherer. Dick was a member of Willkie Farr & Gallagher LLP for more than 24 years. He was the consummate business lawyer, wonderful colleague and true friend. He joined the Bloomberg organization in 2012, a client for whom he had served as their principal legal advisor since their inception, and later was appointed as a member of their board. Dick's knowledge and experience were unparalleled, as evidenced by appointment to leadership and board positions at numerous well-respected organizations. He was deeply involved in civic and community engagements through his work with the S.L.E. (Lupus) Foundation, Lupus Research Institute, United Hospital Fund of New York, Lincoln Center for the Performing Arts, National Dance institute, and Baryshnikov Dance Foundation, among others. He received an LL.M. in Taxation from New York University in 1970, a J.D. from Georgetown University Law Center in 1969, and a B.A. from the University of Virginia in 1966. He was a member of the American Bar Association, the New York State Bar Association and the Association of the Bar of the City of New York. We offer our sincerest condolences to his family, including his wife Jennie, son Christopher and wife Amanda, daughter Kate, and grandchildren Emmett, Serena, George, Emily and Madeline. We will remember Dick with the utmost respect, admiration and affection. His loss will be felt by his many friends and colleagues at Willkie, and by all those whose lives he touched.
Congratulations to FLB Law's Newest Partner Matthias J. Sportini
Welcome Judge Joseph Quinn (Ret.) The Honorable Joseph P. Quinn, J.S.C., retired New Jersey Superior Court Judge, served for 23 years in the court s Civil, Chancery, and Family Divisions, where he was a strong proponent of mediation and alternate dispute resolution. As the head of Ansell.Law s mediation practice, Judge Quinn provides a valuable resource to parties seeking a final and efficient resolution of their disputes. ANSELL GRIMM & AARON, PC 732-922-1000 https://ansell.law/