Donald S. Bernstein

The Federal Reserve has approved its long-awaited Final Rule amending and restating the 165(d) resolution planning rule. The FDIC is expected to soon approve an identical rule. The Final ...

On May 20, 2019, the U.S. Supreme Court issued a significant decision in Mission Product Holdings, Inc. v. Tempnology, LLC, holding that the rejection of a trademark license in bankruptcy...

On January 17 2019, the U.S. Court of Appeals for the Fifth Circuit issued a decision strongly suggesting that make-whole premiums are not payable in bankruptcy to unsecured and undersecu...

Unanimous Court in Merit Management Group, LP v. FTI Consulting, Inc., No. 16-784, resolves circuit court split, holds that the Bankruptcy Code’s Section 546(e) safe harbor protects onl...

The U.S. banking agencies recently issued final rules that will require U.S. G-SIBs and certain foreign G-SIBs to amend their swap contracts, repurchase agreements and other qualified fin...

Davis Polk partner Donald Bernstein served as editor for the fifth edition of The Insolvency Review. Donald also co-authored the “United States” chapter with partner Timothy Graulich ...

In a much-anticipated decision, on October 20, 2017, the U.S. Court of Appeals for the Second Circuit concluded that (1) the Bankruptcy Court erred in not determining whether an efficient...

President Trump issued a Presidential Memorandum last Friday, April 21, which directed the Treasury Secretary to conduct a review of the Orderly Liquidation Authority (OLA). OLA was estab...

The following is the Davis Polk visual memorandum analyzing the Federal Reserve’s final rule on total loss-absorbing capacity (TLAC), eligible long-term debt (LTD) and clean holding com...