John H Bae

June 05, 2020 | New York Law Journal

This article summarizes the basic legal principles that govern directors' fiduciary duties when the company they serve is facing financial distress and examines how those principles should guide them when making important decisions during this pandemic.

By John H. Bae and Jessica Kincaid

7 minute read

February 23, 2016 | The Legal Intelligencer

With the vast number of corporations in New York and other states in the United States that are incorporated in Delaware, the judicial pronouncements of Delaware courts on director duties are of great importance to directors and attorneys advising boards of directors.

By John H. Bae 
and Kaitlin R. Walsh

13 minute read

September 14, 2015 | New York Law Journal

John H. Bae and Kaitlin R. Walsh of Mintz Levin Cohn Ferris Glovsky and Popeo walk through the evolution of Delaware law on directors' duties, and provide a summary of the current state of Delaware law on the fiduciary duties of directors when a corporation is insolvent.

By John H. Bae and Kaitlin R. Walsh

12 minute read

September 11, 2015 | New York Law Journal

John H. Bae and Kaitlin R. Walsh of Mintz Levin Cohn Ferris Glovsky and Popeo walk through the evolution of Delaware law on directors' duties, and provide a summary of the current state of Delaware law on the fiduciary duties of directors when a corporation is insolvent.

By John H. Bae and Kaitlin R. Walsh

12 minute read

October 01, 2014 | New York Law Journal

John H. Bae writes that an important component to successful mass tort restructurings is shielding the parties willing to settle with the debtor from further litigation by tort victims. Historically, courts have addressed this problem by approving third-party releases of claims against the settling parties and implementing channeling injunctions, redirecting claims against the settling parties to a trust that is established to address those claims.

By John H. Bae

11 minute read

July 09, 2007 | National Law Journal

Until recently, courts were split over whether parties may recover attorney fees for litigation in a bankruptcy case under applicable non-bankruptcy law. The 9th Circuit and certain other courts followed the so-called "Fobian rule," which disallowed postpetition attorney fees that were incurred while litigating issues of federal bankruptcy law. Attorneys John H. Bae and Philip John Nichols discuss the U.S. Supreme Court's recent Travelers ruling, which abrogated the Fobian rule.

By John H. Bae and Philip John Nichols

10 minute read

September 05, 2002 | Law.com

With asbestos litigation naming an ever increasing number of companies as defendants, the need for centralization of these cases for an efficient, streamlined resolution has never been greater. The Chapter 11 filings by many of the defendants named in these cases provides an avenue to consolidate the asbestos cases in the district courts of the districts where the Chapter 11 cases are pending.

By John H. Bae and Jason D. White

17 minute read

July 17, 2007 | New Jersey Law Journal

Parties in bankruptcy cases, particularly in the Ninth and Second Circuits, no longer have to guess at whether their attorney fees are recoverable under Fobian. They now need only look to their underlying contract or to nonbankruptcy law, without regard to whether they are litigating federal bankruptcy law issues.

By John H. Bae and Philip John Nichols

10 minute read

September 19, 2002 | The Legal Intelligencer

With the recent surge of asbestos litigation naming an ever-increasing number of companies as defendants in courts throughout the United States, the need for centralization of these cases for an efficient, streamlined resolution has never been greater.

By John H. Bae And Jason D. White

13 minute read

July 09, 2007 | Law.com

Until recently, courts were split over whether parties may recover attorney fees for litigation in a bankruptcy case under applicable non-bankruptcy law. The 9th Circuit and certain other courts followed the so-called "Fobian rule," which disallowed postpetition attorney fees that were incurred while litigating issues of federal bankruptcy law. Attorneys John H. Bae and Philip John Nichols discuss the U.S. Supreme Court's recent Travelers ruling, which abrogated the Fobian rule.

By John H. Bae and Philip John Nichols

10 minute read