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Delaware Business Court Insider

Ruling in 'RC JRV Trust' a Reminder for Practitioners to Obtain, Properly Serve a Summons

Recently, in RC JRV Trust v. Barnes & Thornburg (In re JRV Group USA), No. 19-11095 (KBO), 2022 WL 3646288, at *1 (D. Del. Aug. 24, 2022), the U.S. District Court for the District of Delaware granted, in part, a motion for leave to appeal an interlocutory order of the U.S. Bankruptcy Court for the District of Delaware filed by the defendant, Barnes & Thornburg.
8 minute read

International Edition

Making Sense of London's Crazy Hiring Market

The London Lawyer: Why does Kirkland keep hiring? Are there certain practice areas in demand? And what's with the busy summer?
4 minute read

Daily Business Review

Bankruptcy Trustee's Attorney Fees Under Attack—When Hourly Rate Agreements Become Contingent

The decision, in essence, takes an hourly fee arrangement between the trustee and the trustee's attorneys and adds a results-based contingency to the approval of any fee payment authorization by the bankruptcy court.
4 minute read

The Recorder

Giltwood Furniture, Bronze Sculptures and ... a Pokemon Card? Tom Girardi's Personal Belongings Fetch Thousands.

Among the top sellers of Wednesday's auction of Girardi's personal belongings were multiple Persian rugs, numerous pieces of giltwood furniture and Italian and bronze sculpture, particularly by American artist Glenna Maxey Goodacre.
3 minute read

Daily Business Review

Florida Supreme Court: No Safe Harbor for UCC Errors

On Aug. 25, the Florida Supreme Court issued an opinion in 1944 Beach Boulevard v. Live Oak Banking, No. SC21-1717 holding that Article 9 of the Florida Uniform Commercial Code (the UCC) is unforgiving with respect to any error in the debtor's name contained in a UCC-1 financing statement filed with the Florida Secured Transaction Registry (the Registry).
5 minute read

Law.com

Turning a Shield Into a Sword? Johnson & Johnson Accused of Abusing Bankruptcy in Talc Litigation

Jeffrey Lamken, representing talcum powder claimants, argued before the U.S. Court of Appeals for the Third Circuit to reverse a bankruptcy ruling halting 38,000 talcum powder lawsuits against Johnson & Johnson. Hogan Lovells partner Neal Katyal represented Johnson & Johnson's bankrupt subsidiary LTL Management.
5 minute read

Delaware Law Weekly

Morris Nichols Del. Partner to Speak at Chapter 11 Bankruptcy Webinar

The Knowledge Group, a provider of continuing education webcasts, is scheduled to host a live webinar titled, "Chapter 11 Bankruptcy Protection: Resolving Complex Issues in Reorganizations," on Tuesday, and Morris, Nichols, Arsht & Tunnell partner Andrew Remming is to serve as a speaker.
1 minute read

New York Law Journal

Enforceability in Bankruptcy of Voting Rights Provisions in Subordination Agreements

Bankruptcy courts continue to disagree about whether a provision in a subordination agreement that purports to allow the senior creditor to vote the subordinated creditor's claim is enforceable.
8 minute read

New York Law Journal

Cap on Lease Rejection Claims Under the Bankruptcy Code and Its Damaging Effect on Commercial Landlords

While there is no clear resolution to the risks imposed to commercial landlords as a result of §502(b)(6), there are avenues to pursue to ensure that the claim cap does not become a claim trap.
8 minute read

New York Law Journal

Out-of-Court Restructuring To Exit Asbestos Litigation: Alternative to Chapter 11

This article summarizes the key challenges associated with solving the asbestos litigation problem through the Chapter 11 restructuring process, and explains why an out-of-court restructuring transaction may be a preferred alternative.
8 minute read

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