Marshall S. Huebner

Davis Polk partner Marshall Huebner and associate Benjamin Schak discuss the importance for directors and officers to review insurance coverage protecting their personal assets from lawsu...

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...

  Directors of U.S. companies in certain industries or with sponsor shareholders frequently serve on the boards of multiple entities within a single corporate family — often, the parent...

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...

  The primary purpose of procuring insurance coverage for a company’s directors and officers (D&O Insurance) is to protect the personal assets of directors and officers from lawsuits ar...

The authors of this article discuss a recent U.S. Court of Appeals for the Third Circuit ruling that noteholders were entitled to payment of an optional redemption premium at the make-who...

Decision restores certainty to out-of-court debt restructurings In a surprising 2014 decision, the District Court for the Southern District of New York held that the Trust Indenture Act ...

An issuer of high yield bonds won dismissal of claims brought by retail noteholders who claimed that a debt swap of new secured notes for unsecured notes, made available only to instituti...

On November 17, the U.S. Court of Appeals for the Third Circuit, based in Philadelphia, held that noteholders were entitled to payment of an optional redemption premium at the make-whole ...

Directors and officers of financially distressed companies often face complicated, high-pressure decisions in fulfilling their fiduciary duties. For years, practitioners, legal scholars a...