The Second Circuit reaffirmed that the safe harbor of section 546(e) of the Bankruptcy Code protects transfers made in connection with a securities contract when a financial institution i...
Davis Polk partner and Restructuring practice co-head Marshall Huebner and partner Elliot Moskowitz authored “Tell me your secrets: Chapter 11 discovery risks for investor valuation mat...
The Delaware Bankruptcy Court in Bayside Capital Inc. v. TPC Group Inc. offers a counterpoint to TriMark by holding that a “sacred right” provision in an indenture, which required the...
On Friday, December 6, 2019, New York Governor Andrew M. Cuomo signed legislation enacting the Uniform Voidable Transactions Act (“NY UVTA”) and repealing Article 10 (§§ 270-281) of...
Articles & Books
Global Restructuring Review’s The Restructuring Review of the Americas 2019
Davis Polk partners Timothy Graulich and Elliot Moskowitz authored the “US – How Foreign is Too Foreign? Extraterritorial Limits on the Recovery of Fraudulent Transfers” chapter for...
On Feb. 27, 2018, the U.S. Supreme Court issued its decision in Merit Management Group LP v. FTI Consulting Inc., resolving a circuit court split regarding the scope of the Bankruptcy Cod...
The common interest privilege (sometimes known as the community of interest privilege, joint defense privilege or common interest doctrine) is an important feature of civil litigation. Th...
Unanimous panel affirms dismissals of two actions brought by creditors seeking to avoid transactions through an end run around Section 546
In a final opinion dated March 29, 2016, the Sec...
On September 29, 2014, in Czyzewski v. Sun Capital Partners, Inc.(In re Jevic Holding Corp.), the United States District Court for the District of Delaware issued a decision holding that ...
