Insights

 
Our lawyers produce a wealth of substantive, timely and practical resource materials for our clients and friends of the firm. Listed separately below are client memos and alerts, articles and books, and podcasts.
May 21, 2019 Supreme Court Settles Rights of Trademark Licensee Upon Rejection in Bankruptcy
Client Memorandum
January 28, 2019 Fifth Circuit Questions the Enforceability of Make-Whole and Postpetition Interest Claims in Bankruptcy
Client Memorandum
October 23, 2017 Second Circuit Holds Momentive Noteholders May Be Entitled to Market Interest Rate on Replacement Notes, Not Entitled to Make-Whole Premium
Client Memorandum
March 30, 2016 Second Circuit Says Section 546 of Bankruptcy Code Preempts State Law Constructive Fraud Claims
Client Memorandum
December 10, 2014 American Bankruptcy Institute Commission to Study the Reform of Chapter 11: A Review of Significant Recommendations for Large Chapter 11 Cases
Client Memorandum
November 20, 2014 Insolvency and Restructuring Update: Suntech Ruling Provides a Roadmap for Chapter 15 Eligibility
Client Memorandum
November 18, 2014 In re Crumbs Bake Shop ─ Trademark Licensees May Be Able to Have Their (Cup)Cake And Eat It, Too
Client Memorandum
October 21, 2014 Delaware District Court Affirms Bankruptcy Court Ruling that Private Equity Fund Is Not Liable for WARN Act Liability of Its Portfolio Company
Client Newsletter
October 7, 2014 Momentive Ruling Highlights Risks to Senior Creditors Under Intercreditor Agreements
Client Memorandum
September 3, 2014 Momentive Ruling May Pave the Road for Below-Market “Takeback Paper” Cramdowns of Secured Creditors
Client Memorandum
June 5, 2014 American Bancorp.’s Involuntary Bankruptcy: A New Strategy for Distressed Investors in Trust Preferred Securities
Client Memorandum
January 22, 2014 Insolvency and Restructuring Update
Client Newsletter
November 20, 2013 ResCap Court Holds That Debt Issued in Fair Value Exchanges Will Not be Discounted for OID in Bankruptcy
Insolvency and Restructuring Update
September 25, 2013 Tribune State-Law Fraudulent Conveyance Litigation Update
Client Memorandum
April 15, 2013 Southern District of New York Dismisses Insider Preference Claims Against Affiliates of Goldman Sachs
Client Memorandum
February 13, 2013 Strategic Growth Bancorp’s Acquisition and Recapitalization of Mile High Banks in a Section 363 Sale
Client Memorandum
February 12, 2013 Can Selfish Be Substantial? The Role of Motivation in Substantial Contribution Claim Standards
Client Memorandum
July 16, 2012 Sunbeam Products – Offering a Ray of Light for Trademark Licensees When Licensors File for Bankruptcy
Client Memorandum
July 11, 2012 Living Wills: Key Lessons from the First Wave for Second and Third Wave Filers
Client Memorandum
June 25, 2012 Vitro’s Mexican Plan of Reorganization Denied Comity in the U.S.
Insolvency and Restructuring Update
January 3, 2012 The Law of Unintended Consequences: Competing Plans in the Post-BAPCPA World
Client Memorandum

Insolvency and Restructuring Update

October 11, 2011 Lehman Bankruptcy Court Holds Contractual Right to Triangular Setoff Unenforceable In Bankruptcy and Not Protected by Safe Harbors
Client Newsletter
September 20, 2011 Second Washington Mutual Plan Confirmation Denial May Have Significant Impact on Claims Trading and Plan Negotiation
Insolvency and Restructuring Update
June 29, 2011 Seventh Circuit Delivers a Major Win for Secured Creditors; Holds that Secured Creditors Cannot be Denied Right to Credit Bid in a Sale Under a Plan
Insolvency and Restructuring Update
June 27, 2011 Stern v. Marshall – Supreme Court Limits the Power of Bankruptcy Courts to Hear Certain State Law Claims Brought by Debtors Against Creditors
Insolvency and Restructuring Update
February 22, 2011 In re American Home Mortgage Holdings, Inc.
Insolvency and Restructuring Update
February 14, 2011 TOUSA, Inc. – District Court Quashes Infamous Fraudulent Transfer Decision
Client Newsletter

Insolvency and Restructuring Update

January 25, 2011 Investing In or Acquiring Troubled Banks: The Problem of Holding Company Debt
Client Memorandum
December 14, 2010 Delaware Court Protects Lenders from Fraudulent Transfer Suit For Payments Made and Collateral Granted on Account of Antecedent Debt
Insolvency and Restructuring Update
June 21, 2010 In re Exide Technologies: A Ray of Hope for Trademark Licensees When Licensors File for Bankruptcy?
Client Memorandum
June 16, 2010 Standing Committee Approves Major Changes to Bankruptcy Disclosure Rule
Insolvency and Restructuring Update
March 23, 2010 Insolvency and Restructuring Update
In re Philadelphia Newspapers, LLC: Third Circuit Court of Appeals Denies Secured Creditors’ Right to Credit Bid in Sale Pursuant to a Plan of Reorganization
December 21, 2009 Insolvency and Restructuring Update
Davis Polk Partner Testifies Before Congress on Airline Bankruptcies
December 1, 2009 Insolvency and Restructuring Update
Important Recent Decision Upholding Waivers of Rights by Second Lien Lenders in an Intercreditor Agreement
November 17, 2009 Insolvency and Restructuring Update
Client Newsletter
October 15, 2009 Insolvency and Restructuring Update
TOUSA, Inc. - Significant Fraudulent Transfer Decision
October 12, 2009 Insolvency and Restructuring Update
Three Important New Chapter 11 Decisions Affecting Creditors
September 29, 2009 Insolvency and Restructuring Update
In re Lehman Brothers Holdings, Inc.
April 13, 2009 Second Circuit Holds that PBGC Pension Termination Premiums are Non-Dischargeable in Bankruptcy
Client Newsflash
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