By John H. Bae and Jessica Kincaid | June 5, 2020
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 J. Rapisardi and Joseph Zujkowski | June 5, 2020
In this article, the authors discuss some existing guidance from bankruptcy courts addressing force majeure clauses, including a number of cases from the last financial crisis.
By Brett Moore | June 5, 2020
The restriction against allowing PPP loans to be made to companies in pending bankruptcy proceedings has led to a number of debtors challenging whether the SBA has the authority to restrict debtor borrowers from being able to participate under this program.
By Robert W. Dremluk | June 5, 2020
The general purpose of Subchapter V was to streamline the Chapter 11 bankruptcy process for small businesses and individuals engaged in business to administer their bankruptcy estate in an efficient and less costly manner.
By Angela Turturro | June 1, 2020
In this Special Report: "The Coming Wave of Plastic Liabilities and Insurance Coverage," "Deploying D&O and Cyber Insurance Coverage Against COVID-19 Claims," "The Need To Advance Advancement: Lessons for New York From Delaware," "Are Class Actions Appropriate for Pandemic-Related Commercial Insurance Claims?" and "May an LLC Defeat Diversity Jurisdiction by Concealing the Citizenship of Its Members?"
By Mikaela Whitman | May 29, 2020
If a business manufactures plastic products or products that contain microplastics, it could face claims from individuals alleging bodily injuries or diseases from plastic exposure or microplastic ingestion. These risks may be mitigated by insurance.
By Joshua Gold | May 29, 2020
Pandemic-fueled litigation will test the reliability of the insurance coverage many organizations have purchased.
By Evan W. Bolla | May 29, 2020
Advancement is often the nail that will determine whether the kingdom is lost.
By Mark J. Leimkuhler, Jack B. Gordon and Erika B. Levin | May 29, 2020
At first blush, class actions might seem an attractive option for courts to efficiently manage the burden the claims may impose on their dockets. But below the surface, there are significant doubts that these claims are suitable for class adjudication.
By Edmund M. O'Toole | May 29, 2020
In 'United States Liability Ins. Co. v. M Remodeling', the court dismissed an insurance subrogation action against Case Plumbing LLC and three other corporate defendants because the insurer failed to properly establish complete diversity of citizenship of the members of the LLC.
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