Delaware Law Weekly | On the Move
By Victoria Pfefferle-Gillot | October 28, 2022
Pachulski Stang Ziehl & Jones announced that Steven Golden has been invited to chair the American Bar Association (ABA) business bankruptcy committee's newly developed young lawyers subcommittee.
By Ellen Bardash | October 27, 2022
"The securities claim definition at issue here is in a standard form that is used by policyholders across the country," said Keith McKenna, a partner at Cohen Ziffer Frenchman & McKenna.
The Legal Intelligencer | Commentary
By Francis J. Lawall and Kenneth A. Listwak | October 27, 2022
In Windstream, the U.S. District Court for the Southern District of New York, on appeal, found that while certain business practices—a potentially false targeted advertising campaign—may be illegal, it did not follow that such actions were necessarily an attempt to exercise control of estate property.
New York Law Journal | Analysis
By Edward E. Neiger, Alexandra Robertson and David Stern | October 27, 2022
On Aug. 10, 2022, President Biden signed the Camp Lejeune Justice Act of 2022 which provides a powerful statutory cause of action for individuals who experienced harm as a result of exposure to contaminated water at Camp Lejeune in North Carolina; the Mallinckrodt trustee is currently accepting and processing claims for damages from creditors who were injured by Mallinckrodt's opioids; and the bankruptcy court ultimately confirmed BSA's plan of reorganization on Sept. 8, 2022.
New York Law Journal | Analysis
By Corinne Ball | October 26, 2022
A recent decision underscores that the focus of the business judgment rule with respect to a debtor is the impact on the estate, including the decision to sell its assets and permit the purchaser to designate leases for assumption.
Delaware Business Court Insider
By Ellen Bardash | October 25, 2022
The proposed class of GNC shareholders, those who held Class A common stock between February 2018 and June 2020, is represented by New Jersey attorney John Tang, who is also a named plaintiff in the case, owning nearly 8% of GNC's stock.
By Amanda Bronstad | October 20, 2022
U.S. Bankruptcy Judge Barry Russell on Tuesday refused to allow The Mandell Law Firm to transfer $1.87 million in attorney fees to the Girardi Keese trustee, citing contingencies he found "troubling."
By Michael A. Mora | October 20, 2022
David Boies, chairman and managing partner at Boies Schiller Flexner, is co-lead counsel in the federal district court class action against Mark Cuban and his NBA franchise.
By Andrew Denney | October 20, 2022
Bankruptcy Judge Robert Drain allowed a trustee in the bankruptcy for upstate New York grocery store chain Tops Market to proceed with a lawsuit alleging that Morgan Stanley, which had a controlling stake in Tops from 2007 to 2013, and other investors pushed Tops into Chapter 11 proceedings by paying themselves more than $375 million in stock dividends while neglecting to address the chain's unfunded pension liabilities.
New York Law Journal | Analysis
By Paul A. Rubin and Hanh V. Huynh | October 19, 2022
With the deletion of just a few words from RPAPL §749(3), the 2019 amendment opens the door for tenant-debtors to assume leases even after a pre-bankruptcy warrant of eviction has been issued, without the need for the tenant to first vacate the warrant of eviction.
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