The American Lawyer | Analysis
By Dan Roe | August 12, 2024
Kirkland's favorite bankruptcy destination appears off-limits for now, but competing firms haven't shied from the Southern District of Texas following a 2023 scandal.
New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | July 24, 2024
The impetus for this column was the recent decision in 'Spineway SA v. Strategos Group', in which parties acknowledged that they had agreed to arbitrate their dispute, but disagreed about the arbitral institution and corresponding rules.
New York Law Journal | Analysis
By Thomas Kissane and Samuel Butt | July 11, 2024
This column reports on several recent significant decisions from the United States District Court for the Eastern District of New York. Judge Margo K. Brodie denied defendant's motion for reconsideration in a case involving alleged sexual abuse by a priest. Magistrate Judge Lee G. Dunst granted, but substantially reduced, attorney's fees to plaintiffs' counsel. And Judge Joan M. Azrack granted defendants' motion to dismiss plaintiff's state law discrimination claim under the election of remedies doctrine but allowed plaintiff's federal law discrimination claim to proceed in part.
The American Lawyer | Analysis
By Dan Roe | July 11, 2024
"That was the last time anyone files in EDVA," one Am Law 100 bankruptcy partner said of the formerly popular jurisdiction.
National Law Journal | Analysis|News
By Abigail Adcox | June 13, 2024
Coming off the Biden case, federal prosecutors involved in the case might have their choice of career options, if they choose to head to private practice.
New York Law Journal | Analysis
By Schuyler Carroll and Tia Thevenin | June 7, 2024
Most make-whole provisions are enforceable outside of bankruptcy, but courts have issued conflicting decisions on their enforceability in Chapter 11 cases.
New York Law Journal | Analysis
By Dan McElhinney and Jorian Rose | June 7, 2024
Courts have limited standing to pursue those actions to parties who can be classified as a "representative of the estate" under Section 1123 of the Bankruptcy Code. The Fifth Circuit's recent ruling in 'In re South Coast Supply' may change all that.
The American Lawyer | Analysis
By Dan Roe | May 17, 2024
"Those who make it to the top by virtue of having withstood this for decades will not really be able to have empathy for those below. It's just not part of what happens."
New York Law Journal | Analysis
By Edward E. Neiger, Marianna Udem and Joo Hee Park | May 16, 2024
This issue of the Bankruptcy Update focuses on the recent retail industry bankruptcy cases of 99 Cents Only, Express and JOANN.
New York Law Journal | Analysis
By Stephen L. Ascher, Jason P. Hipp, Melissa Fedornak and Dylan Madoff | May 10, 2024
This article provides insight, from a litigator's perspective, into how four key no-shop drafting decisions can impact the outcome of a litigation: duration, scope, choice of law and remedy.
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