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
May 2, 2019 Fed Panel Floats New Floater Fallback Language to Address Future Loss of LIBOR
Client Memorandum
January 28, 2019 Fifth Circuit Questions the Enforceability of Make-Whole and Postpetition Interest Claims in Bankruptcy
Client Memorandum
December 20, 2018 US – How Foreign is Too Foreign? Extraterritorial Limits on the Recovery of Fraudulent Transfers

Global Restructuring Review’s The Restructuring Review of the Americas 2019

September 24, 2018 Directors and Officers Insurance Policies—Are You Covered?

Bloomberg Law, September 20, 2018

April 26, 2018 Avoiding Traps When Documenting Make-Whole Premiums for Term Loans

The International Comparative Legal Guide to: Lending & Secured Finance 2018

April 2, 2018 A Notable Footnote In High Court Merit Management Decision

Law360, April 2, 2018

February 28, 2018 Supreme Court Interprets Scope of Section 546(e) Safe Harbor
Client Memorandum
February 6, 2018 Management Incentive Plans Under a Microscope

ABI Journal, Vol. XXXVI, No. 12, December 2017

February 1, 2018 A Dangerous Mix: Multiple Board Service and Insolvency

ABI Journal, Vol. XXXVII, No. 2, February 2018

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
June 23, 2017 The Common Interest Privilege in Bankruptcy: Recent Trends and Practical Guidance

Norton Journal of Bankruptcy Law and Practice, No. 3, 2017, Thomson Reuters 

May 23, 2017 Before the Board: D&O Insurance and Insolvency
A Davis Polk Podcast on Corporate Governance
May 9, 2017 D&O Insurance & Insolvency: Navigating the Intersection

The Corporate Governance Advisor, May/June 2017, Volume 25, Number 3

May 8, 2017 Financial CHOICE Act 2.0 Passes House Financial Services Committee
Client Memorandum
March 1, 2017 Third Circuit Finds Noteholders Have Right to Payment of Make-Whole Premium After Bankruptcy Acceleration

The Banking Law Journal, Volume 134, Number 3, March 2017

February 16, 2017 Federal Coal Mining Stream Protection Rule Nullified
Client Memorandum
January 17, 2017 Second Circuit Court of Appeals Overturns Marblegate
Client Memorandum
January 11, 2017 Federal Reserve’s Final Rule on TLAC, Eligible LTD and Clean Holding Company Requirements
Client Memorandum
December 8, 2016 Court Rules Debt-for-Debt Exchange Offer Limited to Institutional Investors Does Not Violate Trust Indenture Act
Client Memorandum
November 17, 2016 The Trump Transition and Possible Directions for Financial Regulatory Reform
Client Memorandum
August 18, 2016 Resolution of U.S. Financial Institutions

Debt Restructuring, 2nd ed., Oxford University Press, August 2016

May 25, 2016 Federal Reserve's Proposed Rule on QFCs with U.S. G-SIBs and the U.S. Operations of Foreign G-SIBs
Client Memorandum
April 21, 2016 Similar But Not The Same: Some Ways in Which Bonds and Loans Will Differ in a Restructuring
The International Comparative Legal Guide to: Lending & Secured Finance 2016 (Chapter 6)
Global Legal Group Ltd.
April 11, 2016 Treasury Issues New Anti-Inversion Guidance
Client Memorandum
April 11, 2016 Treasury Proposes Overhaul of Intercompany Debt Rules
Client Memorandum
March 30, 2016 Second Circuit Says Section 546 of Bankruptcy Code Preempts State Law Constructive Fraud Claims
Client Memorandum
March 2, 2016 FDIC and SEC Propose Rules to Implement the Provisions for Covered Broker-Dealers under Title II of Dodd-Frank
Client Memorandum
January 21, 2016 Revised 2016 Jurisdictional Thresholds Under the HSR Act and For the Prohibition of Interlocking Directorates
Client Memorandum
November 24, 2015 HK CFA Explains Sufficient Connection to Wind Up a Foreign Company on the Just and Equitable Ground
Client Memorandum
November 10, 2015 Federal Reserve’s Proposed Rule on TLAC and Eligible LTD
Client Memorandum
March 12, 2015 ABI Commission Chapter 11 Report: Implications for Secured Creditors
ABF Journal, March 2015
March 9, 2015 Fatally Foreign: Extraterritorial Recovery of Affordable Transfers and Principles of Comity in the Madoff Securities SIPA Liquidation Proceeding
Harvard Business Law Review Online, accessed March 8, 2015
February 23, 2015 The Fiduciary Duties of Directors of Troubled Companies
American Bankruptcy Institute Journal, Vol. XXXIV, No. 2, February 2015
January 23, 2015 New Procedures for Shortened Debt Tender Offers; Relief Extended to High-Yield Debt
Client Memorandum
January 8, 2015 The International Insolvency Review

Law Business Research Ltd., 2014

January 1, 2015 Delaware District Court Affirms Bankruptcy Court Ruling that Private Equity Fund is not Liable for WARN Act Liability of Its Portfolio Company
VC Experts
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
December 2, 2014 The Examiners: Fix Bankruptcy Code’s ‘Errors and Glitches’
Bankruptcy Beat - Wall Street Journal
November 24, 2014 Capmark: Clarifying Insider Status for Market Participants
American Bankruptcy Institute Journal, January 2014
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
November 3, 2014 The Examiners: Repeat Chapter 11s Attributable to Variety of Factors
Bankruptcy Beat - Wall Street Journal
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 Recent Anti-Inversion Guidance Has Meaningful Implications for Insurance Companies
Client Memorandum
October 7, 2014 Momentive Ruling Highlights Risks to Senior Creditors Under Intercreditor Agreements
Client Memorandum
October 1, 2014 France, Chapter 12
France, Chapter 12

The International Insolvency Review, Law Business Research Ltd., October 2014

October 1, 2014 Barnet and Bemarmara, Chapter 1

The International Insolvency Review, Second Edition, Law Business Research Ltd., 2014

October 1, 2014 United States, Chapter 32

The International Insolvency Review, Second Edition, Law Business Research Ltd., 2014

September 3, 2014 Momentive Ruling May Pave the Road for Below-Market “Takeback Paper” Cramdowns of Secured Creditors
Client Memorandum


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