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New York Law Journal

Guidance for Directors of LBO Sellers Based on the Nine West Decision

A recent decision arising out of the bankruptcy of Nine West Holdings highlights what can happen when directors on the selling side fail to exercise appropriate care in vetting and approving an LBO.
7 minute read

The Legal Intelligencer

Post-Petition Sales of Drug at Alleged Supracompetitive Price May Constitute Administrative Claims

As we ring in the New Year, we hope for a "fresh start" out of the pandemic, but recognize that challenges remain, including the latest variant. In the restructuring bar, we see new approaches being attempted to address old problems.
9 minute read

Daily Business Review

Experts Predict Brisk Dealmaking in 2021 Signals Uptick in Bankruptcies Next Year

Morgan Lewis, Bilzin Sumberg, and Davis Polk & Wardwell partners predicted bankruptcy and regulatory trends in 2022.
4 minute read

Law.com

Update On Bankruptcy Appellate Practice: Part One — Appellate Standing

Recent cases show that appellate courts continue to wrestle with standing, jurisdiction, mootness, excusable neglect and finality, among other things. The following overview, in a series of installments, shows what the courts have been addressing during just the past three years. This first installment will cover appellate standing.
13 minute read

The Legal Intelligencer

In Bankruptcy, Rejection of Prepetition Contracts Is Not Automatic

The bankruptcy court found that because the debtor was already subject to a state court-specific performance order compelling it to take the ancillary steps necessary to close the sale, the contract was no longer executory and could not be rejected.
8 minute read

Texas Lawyer

The Texas Comeback: Where We Are and Where We're Going

It will take time and patience for judges to dig out of backlogs and for in-person jury trials to resume at normal levels. David Slayton, director of administration for the Texas courts, estimates that addressing the backlog will take "anywhere from three to five years."
5 minute read

New York Law Journal

District Court Rejects Non-Consensual Third-Party Releases in Purdue Pharma Plan; While Plaintiffs Return to the Race to the Courthouse, Distress Investors Will Reap Opportunities

The court ruled that the shareholder releases that formed the basis of a settlement that led to the debtor's plan of reorganization exceeded the scope of the bankruptcy court's statutory authority by releasing direct causes of action owned by nonconsenting creditors against non-debtors.
13 minute read

Daily Business Review

It Could Be Worse, Right? An Educational Pep Talk for Creditors Attorneys in Subchapter V Cases

Dear creditors attorneys: After nearly two years of dealing with Subchapter V of Chapter 11 of the Bankruptcy Code (Subchapter V), I know your spirits are down. It's been a frustrating road for you, and I get it.
6 minute read

Law.com

All Eyes Are on J&J's Talc Bankruptcy in 2022: The Morning Minute

The news and analysis you need to start your day.
5 minute read

Law.com

In Mass Torts, All Eyes Are on Talc Bankruptcy in 2022

Lawyers for talc claimants have moved to dismiss the Chapter 11 case, filed by LTL Management, a newly created subsidiary of Johnson & Johnson, to resolve more than 38,000 lawsuits alleging that its talcum powder products cause ovarian cancer or mesothelioma.
9 minute read

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