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.
August 6, 2014 The Rise of Plan Mediation Benefits and Pitfalls
American Bankruptcy Institute Journal, Vol. XXXIII, No. 8, August 2014
June 25, 2014 Two New Cases Cast A Shadow Over Credit Bidding
Corporate Restructuring and Bankruptcy
New York Law Journal, Monday, June 23, 2014
June 24, 2014 The Examiners: Marshall Huebner on Municipal Distress
Bankruptcy Beat - Wall Street Journal
June 13, 2014 Comity and drama: current trends in cross-border insolvencies
Global Restructuring & Insolvency
Financier Worldwide, March 2014
June 13, 2014 The prevalence and utility of 'roadmap' decisions in bankruptcy mega-cases
Bankruptcy & Restructuring
Financier Worldwide, April 2014
June 5, 2014 American Bancorp.’s Involuntary Bankruptcy: A New Strategy for Distressed Investors in Trust Preferred Securities
Client Memorandum
May 1, 2014 The Examiners: Marshall Huebner on the Rural/Metro Ruling
Bankruptcy Beat - Wall Street Journal
March 7, 2014 U.S. Chapter 15: a Tool for Implementing Foreign Reorganization Plans in the United States – the Elpida Experience, New Business Law (Japan), Issue No.1020 (March 1, 2014)
January 22, 2014 Insolvency and Restructuring Update
Client Newsletter
December 11, 2013 PCAOB Proposals Would Significantly Impact Public Company Audits
Client Newsflash
December 5, 2013 Using Chapter 15 to Implement Foreign Reorganization Plans in the U.S.
Corporate Restructuring and Bankruptcy
New York Law Journal, December 2, 2013
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
November 1, 2013 Bondholders Encounter Unexpected Turbulence
American Bankruptcy Institute Journal
October 16, 2013 Avoid Insider Status in Bankruptcy: Lessons from Capmark Financial Group Inc. v. Goldman Sachs Credit Partners, L.P.
Bloomberg BNA's Bankruptcy Law Reporter
October 1, 2013 Recognition and Comity in Cross-border Insolvency Proceedings, Chapter 1

The International Insolvency Review, First Edition, Law Business Research Ltd., 2013

September 25, 2013 Tribune State-Law Fraudulent Conveyance Litigation Update
Client Memorandum
August 1, 2013 Viewpoint: Who Owns a Distressed Bank’s Tax Refunds?
Dow Jones | Daily Bankruptcy Review
April 15, 2013 Southern District of New York Dismisses Insider Preference Claims Against Affiliates of Goldman Sachs
Client Memorandum
March 4, 2013 Corporate Restructuring and Bankruptcy
Bankruptcy Settlements and the Common Interest Privilege
New York Law Journal
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
August 8, 2012 The Evolution of Sports Bankruptcies
Dow Jones DBR Small Cap
July 30, 2012 Exit Consents Unlawful Under English Law
Client Newsflash
June 25, 2012 Vitro’s Mexican Plan of Reorganization Denied Comity in the U.S.
Insolvency and Restructuring Update
May 9, 2012 Regulatory Collateral: TerreStar, Tracy Broadcasting, AMR
DBR Small Cap
Dow Jones
January 3, 2012 The Law of Unintended Consequences: Competing Plans in the Post-BAPCPA World
Client Memorandum

Insolvency and Restructuring Update

December 20, 2011 The Law of Unintended Consequences: Competing Plans in the Post-BAPCPA World
New York Law Journal, Vol. 246, No. 118
October 20, 2011 Settling the Valuation Question, Chapter 20
Contested Valuation in Corporate Bankruptcy: A Collier Monograph
LexisNexis Emerging, October 2011
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
September 19, 2011 Credible Living Wills Under the U.S. Regulatory Framework
Client Memorandum
September 13, 2011 Bankruptcy Court Decision May Impact Claims Trading and Plan Negotiation
The Harvard Law School Forum on Corporate Governance and Financial Regulation
July 11, 2011 Counterparty Credit Risk Management: Links Between Supervisory Guidance, Dodd-Frank and Basel
Client Newsflash
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
April 27, 2011 The Final Round For Gift Plans?
Dow Jones DBR Small Cap
April 5, 2011 FDIC Releases Joint Notice of Proposed Rulemaking on Resolution Plans and Credit Exposure Reports
Client Memorandum
March 28, 2011 FDIC's Second Notice of Proposed Rulemaking under the Orderly Liquidation Authority
Client Memorandum
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
December 13, 2010 Delaware Court 'Champions' Per Se Rule for Constructive Fraudulent Transfers
American Bankruptcy Institute Journal
October 6, 2010 A Novel Approach To Vote Solicitation On Prepackaged Plans

Dow Jones Daily Bankruptcy Review

August 30, 2010 Implications of Orderly Liquidation Authority -- WSJ Video Interview
Client Newsflash
August 16, 2010 Would You Like Fries With That?
Goods vs Services Under § 503(b)(9) of the Bankruptcy Code
The Bankruptcy Strategist
July 9, 2010 Summary of the Dodd-Frank Wall Street Reform and Consumer Protection Act, Passed by the House of Representatives on June 30, 2010
Client Memorandum
July 9, 2010 Davis Polk Regulatory Implementation Slides
Client Memorandum
July 1, 2010 A Vote for Allegheny: DBSD North America
American Bankruptcy Institute Journal, reprinted in Best of ABI 2011: The Year in Business Bankruptcy
June 21, 2010 In re Exide Technologies: A Ray of Hope for Trademark Licensees When Licensors File for Bankruptcy?
Client Memorandum

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