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May 07, 2024 | The American Lawyer

Gibson Dunn, Cahill Hire NY Restructuring Partners as Practice Outperforms Most

Bankruptcy demand rose 3% in Q1 compared to Q1 2023, according to a recent Thomson Reuters report.
3 minute read
May 07, 2024 | Law.com

The Texas Two-Step: Efficient, Equitible and Just

The Texas two-step provides a basis for equitable and efficient judicial resolutions and provides global stability that prevents high-stakes litigation shopping. It is thus an efficient means to resolve a host of claims that can number into the thousands in a host of courts throughout the country.
7 minute read
April 24, 2024 | New York Law Journal

Has the Seventh Circuit Opened the Door for Distressed Investors Through Limiting the Risk of Failed LBOs or Other Stock Sales?

In March, the Seventh Circuit held that the same safe harbor provisions in the Bankruptcy Code may also extend to leveraged acquisitions structured as a purchase of privately held stock.
10 minute read
April 10, 2024 | New Jersey Law Journal

In Talc DQ Hearing, Beasley Allen's Andy Birchfield Testifies: 'It Never Crossed My Mind'

Andy Birchfield, of Beasley Allen, took the stand on Wednesday to fend off Johnson & Johnson's allegations that he breached his ethical duties by working with one of its former lawyers to come up with a proposed $19 billion talc settlement.
5 minute read
February 21, 2024 | New York Law Journal

Creditor Remedies Prevail in Delaware

This article addresses how a Creditor's Committee may sue members of an LLC, despite Delaware law limitations, and how prebankruptcy exercise of proxy rights in reliance on Delaware law are upheld in a subsequent bankruptcy case.
12 minute read
Law Journal Press | Digital Book Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner View this Book

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February 13, 2024 | New York Law Journal

Firm DEI Officer Named as Defendant in EDNY Bankruptcy Adversary Action

Sharon Jones, a Haynes and Boone partner in Dallas and the firm's chief diversity, equity and inclusion officer, faces a breach of fiduciary duty cause of action in an adversary action filed in the Chapter 7 of diversity consulting company Jones Diversity.
3 minute read
February 13, 2024 | Texas Lawyer

Haynes and Boone Chief DEI Officer Named as Defendant in Bankruptcy Adversary Action

Sharon Jones, a Haynes and Boone partner in Dallas and the firm's chief diversity, equity and inclusion officer, faces a breach of fiduciary duty cause of action in an adversary action filed in the Chapter 7 of diversity consulting company Jones Diversity.
3 minute read
January 23, 2024 | Law.com

Three Senators and 25 States Ask SCOTUS to End 'Texas Two-Step' Bankruptcies

The amicus briefs, filed on Monday, support a petition from an claimants committee in the Bestwall LLC bankruptcy for the U.S. Supreme Court to reverse an injunction order blocking mesothelioma victims from pursing their asbestos lawsuits.
5 minute read
January 11, 2024 | Law.com

2024 Could Make or Break 'Creative' Mass Tort Bankruptcies

Although advocates for these bankruptcy strategies say they can be more efficient routes to payouts for claimants, some attorneys say judges are likely to shut down these more novel uses of the bankruptcy code.
7 minute read
December 27, 2023 | New York Law Journal

Texas Bankruptcy Court Holds Code Overrides State Law on Expulsion

In her Distress Mergers and Acquisitions column, Corinne Ball discusses the recent case "In re Envision Healthcare Corp," where the Bankruptcy Court for the Southern District of Texas confronted an apparent conflict between applicable Delaware law and the Bankruptcy Code, determining that the Bankruptcy Code overrides state law and protects a debtor from expulsion by its fellow LLC members.
12 minute read

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