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New York Law Journal

Scarpetta v. Arato & Blaszczyk Obstetrics & Gynecology, Inc.

Bankruptcy Trustee May Commence Medical Malpractice Suit in Representative Capacity
2 minute read

The Recorder

Weil v. Elliott

9th Cir.; 16-55359 The court of appeals reversed a bankruptcy court judgment and remanded. The court held that the 12-month statute of limitations on…
4 minute read

The American Lawyer

Freshfields Swoops in for Alitalia's US Bankruptcy Work

A pair of recent lateral hires by Freshfields Bruckhaus Deringer from Arnold & Porter Kaye Scholer have helped the Magic Circle firm swoop in for a lead role on the bankruptcy of Alitalia SpA. The ailing Italian airline sought Chapter 15 protection Monday in the Southern District of New York.
31 minute read

New York Law Journal

Bankruptcy Court Jurisdiction and Third-Party Releases: The Latest Frontier

David Bass and Mark Tsukerman write: Two long-standing controversial areas of bankruptcy law have recently intersected in a bankruptcy case out of the District of Delaware: a bankruptcy court's adjudicative authority consistent with Article III of the Constitution, and the propriety of what are referred to in bankruptcy parlance as "third-party releases."
15 minute read

The American Lawyer

Play Time's Over—Three Firms Take Roles on Gymboree Bankruptcy

Kirkland & Ellis added another key bankruptcy case to its restructuring portfolio this week as San Francisco-based children's clothing retailer The Gymboree Corp. filed for Chapter 11 protection Sunday in Richmond, Virginia. Gymboree, the latest retailer to go bust this year, has also retained Munger, Tolles & Olson and Kutak Rock.
3 minute read

New York Law Journal

A Golden Share and the Conflict Between Freedom of Contract and Federal Policy

Jay M. Goffman and Christine A. Okike of Skadden, Arps, Slate, Meagher & Flom write: A "golden share" gives a lender a say in any subsequent decision by a borrower to seek bankruptcy protection. Lenders have long considered the "golden share" to be an effective mechanism for safeguarding their investments. Recent rulings, however, have cast doubt on the effectiveness of the "golden share" structure.
8 minute read

The American Lawyer

Longford Capital Hires Paul Hastings Lawyer to Source Bankruptcy Deals

Chicago-based litigation financier Longford Capital Management LP has hired director Marc Carmel to bolster its restructuring operations. Carmel comes from Paul Hastings, where he was of counsel after joining that firm from Kirkland & Ellis' partnership in 2011.
3 minute read

New York Law Journal

Corporate Restructuring and Bankruptcy

In this Special Report: "Using Article 3-A to Protect Payment Rights in a Construction Bankruptcy," "Limitations on Adjudicating Disputes Involving Medicare Provider Agreements," "Fee Defense Litigation: Clarifying the Reach of 'Asarco'," "Blockchain: The Key to True Cybersecurity?," "Deal Breakers: The Importance of Privacy and Security Due Diligence in Transactions," "New DFS Cybersecurity Regulations Are Here: Will Your Insurance Protect You?" and "Is Your Discovery Process Setting You Up for a Data Breach?"
2 minute read

New York Law Journal

A Preference Pendulum: Extraterritorial Application of Avoidance Powers in the SDNY

Christopher K. Kiplok and Dustin P. Smith of Hughes Hubbard & Reed write: A recent decision by the bankruptcy court for the Southern District of New York in 'Spizz v. Goldfarb Seligman &. Co. (In re Ampal-American)', has moved the pendulum away from extraterritoriality back toward a nearer reach of avoidance powers.
16 minute read

New York Law Journal

Fee Defense Litigation: Clarifying the Reach of 'Asarco'

Seth H. Lieberman, Patrick Sibley and Matthew W. Silverman of Pryor Cashman write: While the bankruptcy bar's reaction to 'Asarco' was short of enthusiastic, most have since embraced the subsequent jurisprudence narrowly construing 'Asarco' and limiting its holding to the compensation of bankruptcy estate professionals.
9 minute read

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