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May 26, 2022 | New York Law Journal

Navigating the Conflicting Views on Third-Party Releases in Bankruptcy Restructuring Plans, Part I

This two-part article will examine the role of third-party releases in successful Chapter 11 reorganizations. This installment will address the factors considered in each Circuit where such releases have been deemed permissible within the confines of the Bankruptcy Code, evaluate several recent cases highlighting the uncertainty created by the current Circuit split, and consider options for creating a clear, nationwide standard.
14 minute read
May 04, 2022 | New Jersey Law Journal

Use of the Bankruptcy Code Remains Elusive for Marijuana Businesses

Federal bankruptcy courts have been unavailable to marijuana businesses due to the Schedule I status of marijuana. To fill the void, marijuana businesses will need to avail themselves of state law bankruptcy alternatives to provide financial relief.
8 minute read
April 19, 2022 | Connecticut Law Tribune

'Alex Jones Is Just Delaying the Inevitable,' Attorney Says, as InfoWars Files for Bankruptcy

"Alex Jones is just delaying the inevitable: a public trial in which he will be held accountable for his profit-driven campaign of lies against the Sandy Hook families who have brought this lawsuit," said attorney Christopher Mattei of Koskoff Koskoff & Bieder.
4 minute read
April 14, 2022 | Delaware Law Weekly

Efficiency, Releases, Justice Top Concerns in Boy Scout Closing Arguments

During six days of closing arguments, attorneys went through the bankruptcy plan with a fine-tooth comb before U.S. District Judge Laurie Selber Silverstein of the District of Delaware, who pushed all sides for answers on how far her decision will extend into administration of the plan.
4 minute read
March 28, 2022 | Delaware Business Court Insider

'It Wouldn't Make Sense': Boy Scout Financial Adviser Says Settlement Deal Falls Apart Without Insurer Releases

Opponents, including insurance companies, have cited a release of future litigation as a primary reason District of Delaware Judge Laurie Selber Silverstein shouldn't approve the Boy Scouts' plan.
3 minute read
Law Journal Press | Digital Book White Collar Crime: Business and Regulatory Offenses Authors: Otto G. Obermaier, Robert G. Morvillo (deceased), Robert J. Anello, Barry A. Bohrer View this Book

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March 28, 2022 | Delaware Law Weekly

Boy Scout Financial Adviser: Insurer Settlement Releases Key to Plan Success

Opponents, including insurance companies, have cited a release of future litigation as a primary reason District of Delaware Judge Laurie Selber Silverstein shouldn't approve the Boy Scouts' plan.
3 minute read
March 14, 2022 | Delaware Business Court Insider

Testimony Begins Over Boy Scouts of America's Proposed Bankruptcy Plan

Some parties that have litigation claims not related to sexual abuse say they'd be shortchanged by the plan, including the Girl Scouts of America, which claimed the proportion it would receive of damages from its trademark litigation against the Boy Scouts was smaller than that of other litigants'.
4 minute read
March 14, 2022 | Delaware Law Weekly

Stakeholders Plentiful in Confirmation Hearing for Boy Scouts Bankruptcy Plan

Some parties that have litigation claims not related to sexual abuse say they'd be shortchanged by the plan, including the Girl Scouts of America, which claimed the proportion it would receive of damages from its trademark litigation against the Boy Scouts was smaller than that of other litigants'.
4 minute read
February 17, 2022 | New Jersey Law Journal

An Atypical Small Business Subchapter V Matter

A look at the Subchapter V bankruptcy case of a health plan trust—not your typical "small business" reorganization.
9 minute read
February 11, 2022 | Litigation Daily

Litigators of the Week: The Latham & Watkins Duo Who Paved the Path for Mallinckrodt to Exit Bankruptcy

Despite objections from the U.S. Trustee, the SEC, the state of Rhode Island and others, Latham's Chris Harris and Betsy Marks were able to get judicial sign-off on the pharma company's reorganization plan, including a $1.7 billion settlement of opioid-related litigation.
10 minute read

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