National Law Journal | Analysis|News
By Abigail Adcox | June 13, 2024
Coming off the Biden case, federal prosecutors involved in the case might have their choice of career options, if they choose to head to private practice.
New York Law Journal | Analysis
By Schuyler Carroll and Tia Thevenin | June 7, 2024
Most make-whole provisions are enforceable outside of bankruptcy, but courts have issued conflicting decisions on their enforceability in Chapter 11 cases.
New York Law Journal | Analysis
By Dan McElhinney and Jorian Rose | June 7, 2024
Courts have limited standing to pursue those actions to parties who can be classified as a "representative of the estate" under Section 1123 of the Bankruptcy Code. The Fifth Circuit's recent ruling in 'In re South Coast Supply' may change all that.
New York Law Journal | Analysis
By Edward E. Neiger, Marianna Udem and Joo Hee Park | May 16, 2024
This issue of the Bankruptcy Update focuses on the recent retail industry bankruptcy cases of 99 Cents Only, Express and JOANN.
New York Law Journal | Analysis
By Stephen L. Ascher, Jason P. Hipp, Melissa Fedornak and Dylan Madoff | May 10, 2024
This article provides insight, from a litigator's perspective, into how four key no-shop drafting decisions can impact the outcome of a litigation: duration, scope, choice of law and remedy.
By Ediberto Roman | May 7, 2024
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.
The American Lawyer | Analysis
By Dan Roe | May 6, 2024
A Delaware bankruptcy judge's recent order reflects rising scrutiny over Big Law bills in mega-bankruptcies.
The American Lawyer | Analysis
By Dan Roe | April 22, 2024
As more large corporations go bust, lenders are jockeying for the position to get repaid first.
New York Law Journal | Analysis
By David E. Kahen and Elliot Pisem | April 17, 2024
'Acqis Technology v. Commissioner' confirms the continued vitality of the doctrine in the context of an apparent scheme to evade tax with respect to proceeds attributable to the settlement of patent infringement claims.
New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | April 10, 2024
While RWI policies are manuscripted policies separately negotiated for each transaction, the vast majority contain arbitration clauses, meaning that claim disputes are resolved privately without published court rulings. The recent ruling in 'Novolex Holdings v. Illinois Union Insurance' sheds some light on one of these claim disputes, while also providing important lessons for insurers and M&A practitioners.
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