On June 27, 2024, the United States Supreme Court (the “Supreme Court” or “Court”) rendered a 5-4 opinion in Harrington v. Purdue Pharma, L.P. that “the [B]ankruptcy [C]ode does not authorize a release and injunction that, as...more
7/1/2024
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Fraudulent Marketing ,
Non-Debtors ,
Opioid ,
Purdue Pharma ,
Reorganizations ,
SCOTUS ,
Third-Party ,
Unfair or Deceptive Trade Practices
On May 30, 2023, the United States Court of Appeals for the Second Circuit (the “Second Circuit” or the “Court”) rendered a much anticipated opinion (the “Opinion”), reversing the order of the United States District Court for...more
In this program, attorneys in the Restructuring & Reorganization, Real Estate, Tax, and REIT Capital Markets practices discuss the various out of court considerations that commercial real estate enterprises will want to...more
5/31/2023
/ Capital Raising ,
Commercial Real Estate Market ,
Continuing Legal Education ,
Debt Restructuring ,
Disclosure Requirements ,
Events ,
Financial Distress ,
Forbearance Agreements ,
Loan Modifications ,
Popular ,
Risk Management ,
Sale of Assets
On March 28, 2023, the United States District Court for the District of Delaware (the “District Court”) rendered an opinion (the “Opinion”) affirming the confirmation order of Laurie S. Silverstein, of the United States...more
As you may be aware, Silicon Valley Bank (“SVB”), a key lender serving customers and borrowers primarily in the technology industry, was taken over by U.S. regulators on Friday. In a press release, the California Department...more
In a provocative demonstration that it scrutinizes all types of transactions, no matter their origin, the Committee on Foreign Investment in the United States (“CFIUS”) has reportedly been vetting the proposed $1 billion sale...more
Third-party release provisions are a common feature of almost every chapter 11 plan in large bankruptcy cases. Despite this, there has long been a split among bankruptcy courts and Circuit Courts of Appeal on the scope and...more
On July 29, 2022, Laurie S. Silverstein, Chief Judge of the Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”), issued an opinion on confirmation of the chapter 11 plan (the “Plan”) of the Boy Scouts of...more
It is common for E&P companies in chapter 11 to seek to reject burdensome midstream contracts under Bankruptcy Code § 365. Rejection has not been permitted by bankruptcy courts where such agreements create enforceable...more
On August 26, 2020, the U.S. Court of Appeals for the Third Circuit affirmed Delaware Bankruptcy Judge Kevin Carey’s order confirming the Tribune Company’s chapter 11 plan.1 As a matter of first impression, the Court held...more
The COVID-19 pandemic has heavily disrupted our lives, communities, and businesses. Even with new approaches, not all businesses can overcome the substantial challenges brought by the pandemic. Lending programs like the...more
7/17/2020
/ Bankruptcy Code ,
Business Closures ,
Business Interruption ,
CARES Act ,
Chapter 11 ,
Coronavirus/COVID-19 ,
Federal Loans ,
Fraud ,
Paycheck Protection Program (PPP) ,
SBA ,
Small Business ,
Small Business Reorganization Act of 2019 (SBRA) ,
Unsecured Debt