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February 1, 2018 A Dangerous Mix: Multiple Board Service and Insolvency

ABI Journal, Vol. XXXVII, No. 2, February 2018

October 23, 2017 Second Circuit Holds Momentive Noteholders May Be Entitled to Market Interest Rate on Replacement Notes, Not Entitled to Make-Whole Premium
Client Memorandum
May 23, 2017 Before the Board: D&O Insurance and Insolvency
Episode 5: A Davis Polk Podcast on Corporate Governance
May 9, 2017 D&O Insurance & Insolvency: Navigating the Intersection

The Corporate Governance Advisor, May/June 2017, Volume 25, Number 3

March 1, 2017 Third Circuit Finds Noteholders Have Right to Payment of Make-Whole Premium After Bankruptcy Acceleration

The Banking Law Journal, Volume 134, Number 3, March 2017

January 17, 2017 Second Circuit Court of Appeals Overturns Marblegate
Client Memorandum
December 8, 2016 Court Rules Debt-for-Debt Exchange Offer Limited to Institutional Investors Does Not Violate Trust Indenture Act
Client Memorandum
November 28, 2016 Third Circuit Finds Noteholders Have Right to Payment of Make-Whole Premium After Bankruptcy Acceleration
Client Memorandum
February 23, 2015 The Fiduciary Duties of Directors of Troubled Companies
American Bankruptcy Institute Journal, Vol. XXXIV, No. 2, February 2015
January 26, 2015 Global Distress Signal
Developments in International and Cross-Border Insolvency
January 8, 2015 The International Insolvency Review

Law Business Research Ltd., 2014

December 10, 2014 American Bankruptcy Institute Commission to Study the Reform of Chapter 11: A Review of Significant Recommendations for Large Chapter 11 Cases
Client Memorandum
December 2, 2014 The Examiners: Fix Bankruptcy Code’s ‘Errors and Glitches’
Bankruptcy Beat - Wall Street Journal
November 24, 2014 Capmark: Clarifying Insider Status for Market Participants
American Bankruptcy Institute Journal, January 2014
November 20, 2014 Insolvency and Restructuring Update: Suntech Ruling Provides a Roadmap for Chapter 15 Eligibility
Client Memorandum
November 18, 2014 In re Crumbs Bake Shop ─ Trademark Licensees May Be Able to Have Their (Cup)Cake And Eat It, Too
Client Memorandum
November 3, 2014 The Examiners: Repeat Chapter 11s Attributable to Variety of Factors
Bankruptcy Beat - Wall Street Journal
October 21, 2014 Delaware District Court Affirms Bankruptcy Court Ruling that Private Equity Fund Is Not Liable for WARN Act Liability of Its Portfolio Company
Client Newsletter
October 7, 2014 Momentive Ruling Highlights Risks to Senior Creditors Under Intercreditor Agreements
Client Memorandum
September 3, 2014 Momentive Ruling May Pave the Road for Below-Market “Takeback Paper” Cramdowns of Secured Creditors
Client Memorandum
June 24, 2014 The Examiners: Marshall Huebner on Municipal Distress
Bankruptcy Beat - Wall Street Journal
June 13, 2014 The prevalence and utility of 'roadmap' decisions in bankruptcy mega-cases
Bankruptcy & Restructuring
Financier Worldwide, April 2014
May 1, 2014 The Examiners: Marshall Huebner on the Rural/Metro Ruling
Bankruptcy Beat - Wall Street Journal
January 22, 2014 Insolvency and Restructuring Update
Client Newsletter
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
September 25, 2013 Tribune State-Law Fraudulent Conveyance Litigation Update
Client Memorandum
April 15, 2013 Southern District of New York Dismisses Insider Preference Claims Against Affiliates of Goldman Sachs
Client Memorandum
February 12, 2013 Can Selfish Be Substantial? The Role of Motivation in Substantial Contribution Claim Standards
Client Memorandum
July 16, 2012 Sunbeam Products – Offering a Ray of Light for Trademark Licensees When Licensors File for Bankruptcy
Client Memorandum
June 25, 2012 Vitro’s Mexican Plan of Reorganization Denied Comity in the U.S.
Insolvency and Restructuring Update
January 3, 2012 The Law of Unintended Consequences: Competing Plans in the Post-BAPCPA World
Client Memorandum

Insolvency and Restructuring Update

November 30, 2011 Webcast: What if Your Counterparty Fails? A Creditor's Guide to the FDIC's Orderly Liquidation Authority
Davis Polk and Alvarez & Marsal Presentation
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
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 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

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
October 1, 2010 Contractually Amendable Retiree Health and Welfare Benefits
Third Circuit Prevents Plan Sponsor from Terminating
The Bankruptcy Strategist, Vol. 27, No.12
August 1, 2010 Issues Affecting Secured Claims
Chapter 11 Update: Changing Dynamics for Senior Lenders and Agents
June 21, 2010 In re Exide Technologies: A Ray of Hope for Trademark Licensees When Licensors File for Bankruptcy?
Client Memorandum
June 16, 2010 Standing Committee Approves Major Changes to Bankruptcy Disclosure Rule
Insolvency and Restructuring Update
March 31, 2010 Right to Credit Bid Denied in Philadelphia Newspapers
Dow Jones Daily Bankruptcy Review
March 23, 2010 Insolvency and Restructuring Update
In re Philadelphia Newspapers, LLC: Third Circuit Court of Appeals Denies Secured Creditors’ Right to Credit Bid in Sale Pursuant to a Plan of Reorganization

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