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September 04, 2024 | New York Law Journal

Dealmakers of the Year Finalist: Michael Kaplan, Partner, Davis Polk & Wardwell

"Maintaining long client-attorney relationships, knowing the client well and maintaining composure amid stressful negotiations are characteristics that are key to establishing oneself as a great dealmaker."
3 minute read
Windstream Holdings Inc. v. Charter Communications Operating LLC
Publication Date: 2024-07-02
Practice Area: Bankruptcy
Industry:
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge Maria Araujo Kahn
Attorneys:
For plaintiff: For Debtor-Plaintiff-Appellant: Robert T. Smith, Katten Muchin Rosenman LLP, Washington, D.C.; Shaya Rochester, Katten Muchin Rosenman LLP, New York, NY, on the brief, Terence P. Ross, Katten Muchin Rosenman LLP, Washington, D.C.
For defendant: For Defendants-Appellees: Susheel Kirpalani, Benjamin I. Finestone, on the brief, David M. Cooper, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY.
Case number: 22-2891-bk

Doubt Exists Whether Advertising Campaign Violated Automatic Stay in Bankruptcy

June 24, 2024 | New York Law Journal

2nd Circuit: Competitor's Ads May Not Have Run Afoul of Internet Service Provider's Bankruptcy Stay

Chief Circuit Judge Debra Ann Livingston and Circuit Judges José Cabranes and Maria Araújo Kahn ruled that doubt existed as to whether Charter's actions violated the automatic stay attached to Windstream's Chapter 11 bankruptcy proceeding.
4 minute read
Endurance Am. Ins. Co. v. DiStefano
Publication Date: 2023-10-13
Practice Area: Civil Procedure
Industry:
Court: U.S. District Court for the Northern District of New York, U.S. - NDNY
Judge: District Judge Lawrence E. Kahn
Attorneys:
For plaintiff:
For defendant:
Case number: 1:22-CV-00611

Appeal from Bankruptcy Court Orders Dismissed for Lack of Subject Matter Jurisdiction

Swakeen v. Pandian
Publication Date: 2023-05-18
Practice Area: Bankruptcy | Creditors' and Debtors' Rights
Industry:
Court: U.S. District Court for the Eastern District of New York, U.S. - EDNY
Judge: District Judge Hector Gonzalez
Attorneys:
For plaintiff:
For defendant:
Case number: 22-CV-4710

Bankruptcy Court Did Not Err in Dismissing Adversary Proceeding Over $100,000 Loan

October 27, 2022 | The Legal Intelligencer

Stay Violations and Sanctions Require More Than Competition

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.
10 minute read
Windstream Holdings Inc. v. Charter Comm'ns Inc.
Publication Date: 2022-10-14
Practice Area: Bankruptcy
Industry: Technology Media and Telecom
Court: U.S. District Court for the Southern District of New York, U.S. - SDNY
Judge: District Judge Cathy Seibel
Attorneys:
For plaintiff: Counsel for Plaintiffs-Appellees: Terence P. Ross, Shaya Rochester, Robert T. Smith, Eric T. Werlinger, Timothy H. Gray, Katten Muchin Rosenman LLP, Washington, D.C.
For defendant: Counsel for Defendants-Appellants: Susheel Kirpalani, Benjamin I. Finestone, Quinn Emanuel Urquhart & Sullivan, LLP, New York, New York.
Case number: 21-CV-4552

Court Vacates Contempt Finding, $19 Million Sanction in Adversary Proceeding

SLF Holdings LLC v. Uniti Holdings Inc.
Publication Date: 2022-08-30
Practice Area: Securities Litigation
Industry: Retail | Technology Media and Telecom
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Greenaway
Attorneys:
For plaintiff:
For defendant:
Case number: D69937

Court affirmed district court's dismissal of claims under federal and state securities law finding that a failure to disclose the possibility that legal action could result as a part of an asset acquisition did not qualify as a material fact for the purposes of omission arguments.

July 06, 2022 | The American Lawyer

Sidley Hires Kirkland Veteran to Lead Restructuring Practice

Stephen Hessler makes the move as commercial Chapter 11 filings are showing an uptick. "It feels like we are headed toward another restructuring boom," he said.
3 minute read
Earthlink LLC v. Charter Commc'ns Operating LLC
Publication Date: 2022-05-19
Practice Area: Contracts
Industry: Technology Media and Telecom
Court: Supreme Court, New York
Judge: Justice Andrea Masley
Attorneys:
For plaintiff:
For defendant:
Case number: 654332/2020

EarthLink's Breach of Contract Claim Against Charter Comms Survives

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