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...
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...
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...
Articles & Books
The Corporate Governance Advisor, May/June 2017, Volume 25, Number 3
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...
Articles & Books
The Banking Law Journal, Volume 134, Number 3, March 2017
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...
