Gibson, Dunn & Crutcher LLP is pleased to announce that AnnElyse Scarlett Gains has joined the firm’s Washington, D.C. office as a partner, where she will continue her business restructuring and reorganization practice.
Press Releases | November 7, 2022
Euromoney named 16 Gibson Dunn lawyers among its 2022 Rising Stars in the Americas, EMEA, and Asia-Pacific regions.
Firm News | October 12, 2022
Expert Guides has named 39 Gibson Dunn partners to the 2022 edition of its Banking, Finance and Transactional Guide, which recognizes the top legal practitioners in the industry.
Firm News | October 6, 2022
Best Lawyers and Best Lawyers: Ones to Watch in France 2023 have recognized 18 Gibson Dunn attorneys, and 16 Gibson Dunn attorneys have been recognized as leading lawyers in their respective practice areas.
Firm News | June 23, 2022
Class actions have gradually taken root outside the US in recent years. We highlight common pitfalls and early advocacy problems that defendants typically face in these new regimes and provide an overview in which direction international class actions will develop in the years to come.
Webcasts | January 13, 2022
Who’s Who Legal France 2022 recognized three Gibson Dunn Paris partners in their respective fields.
Firm News | May 9, 2022
Turnarounds & Workouts named New York partner Jason Goldstein to its Outstanding Young Restructuring Lawyers list.
Firm News | April 21, 2022
Best Lawyers in Singapore 2023 has recognized six Gibson Dunn partners as leading lawyers.
Firm News | April 14, 2022
The Legal 500 EMEA 2022 has recommended Gibson Dunn in 22 categories in Belgium, France, Germany and UAE.
Firm News | April 12, 2022
Gibson, Dunn & Crutcher LLP is pleased to announce that Christina M. Brown has rejoined the firm as of counsel in the New York office.
Press Releases | April 4, 2022
Gibson Dunn received 32 rankings in Chambers Europe 2022: 23 individual rankings and nine firm rankings.
Firm News | March 17, 2022
The real estate leasing market is booming in some locations and industries, but restructurings may be on the horizon with rising interest rates and the ongoing impact of COVID. Join our panel of experts for a recorded discussion on how leases could be treated in bankruptcy.
Webcasts | February 10, 2022
Secured term loan and revolver lenders in retail bankruptcy cases often leave money on the table because they do not understand how their security interests in a debtor’s “accounts” under the Uniform Commercial Code (UCC) extend to the proceeds of sale of a debtor’s real property interests, including leases, lease designation rights, and real property (collectively, real property interests).
Article | February 2, 2022
Five Gibson Dunn partners were recognized in the 2022 edition of the Lawdragon 500 Leading U.S. Bankruptcy & Restructuring Lawyers.
Firm News | January 18, 2022
Gibson Dunn has been recognized in 20 categories in the 2022 edition of The Legal 500 Asia Pacific.
Firm News | January 13, 2022
Turnarounds & Workouts has named Scott Greenberg among its 2021 Outstanding Restructuring Lawyers.
Firm News | January 4, 2022
Five Gibson Dunn partners were recognized in the Who’s Who Legal 2022 Restructuring & Insolvency guide.
Firm News | December 16, 2021
Gibson Dunn earned 11 firm rankings and 10 individual rankings in the 2022 edition of Chambers Asia-Pacific.
Firm News | December 16, 2021
Global Restructuring Review listed Gibson Dunn in the GRR 100, the “annual guide to the world’s leading law firms for cross-border restructuring and insolvency matters.”
Firm News | November 19, 2021
Gibson Dunn lawyers provide a brief update on the proposed H.R.4777, the Nondebtor Release Prohibition Act of 2021 (NRPA), which would amend the Bankruptcy Code to prohibit non-consensual third party releases and provide for the dismissal of bankruptcy cases filed after the implementation of a divisional merger transaction.
Client Alert | November 18, 2021
Gibson, Dunn & Crutcher LLP is pleased to announce that the firm has elected 27 new partners, effective January 1, 2022.
Press Releases | November 4, 2021
The 2022 edition of Benchmark Litigation Europe has ranked Gibson Dunn in two categories and recognized six partners as Litigation Stars. The firm was ranked in UK – International Arbitration and France – Commercial and Transactions.
Firm News | October 26, 2021
New York partner David Feldman and Los Angeles partner Michael Neumeister are the authors of "Sale toggles in Chapter 11 plan processes" [PDF] published by Financier Worldwide in its November 2021 issue.
Article | October 21, 2021
Asian Legal Business has named Duniatex Group’s $2.6B Debt Restructuring as the Debt Market Deal of the Year (Premium) at the ALB Indonesia Law Awards 2021.
Firm News | October 13, 2021
On July 28, 2021, certain Democratic members of Congress, primarily in response to the $4.325 billion contribution made by the Sackler family to fund the settlement underpinning Purdue Pharma’s chapter 11 plan, introduced the Nondebtor Release Prohibition Act of 2021.
Client Alert | August 2, 2021
Orange County partner Oscar Garza, of counsel Matthew Bouslog and associate Douglas Levin are the authors of "The Current State of Play: the Bankruptcy Code 'Safe Harbor' After Merit Management" [PDF] published by the Norton Journal of Bankruptcy Law and Practice in April 2021.
Article | July 9, 2021
The Asian Lawyer has named Duniatex Group’s $2.6B Debt Restructuring as Finance Deal of the Year: Insolvency and Restructuring at The Asia Legal Awards 2021.
Firm News | May 5, 2021
New York partner Scott Greenberg was named a 2021 Dealmaker of the Year by The American Lawyer. The publication noted his work for “an ad hoc group of lenders to Serta Simmons Bedding in a debt financing and exchange transaction that made waves in the capital marketplace.” The profile was published on March 22, 2021.
Firm News | March 22, 2021
Global Restructuring Review listed Gibson Dunn in the GRR 100, the “annual guide to the world's leading law firms for cross-border restructuring and insolvency matters.” The publication noted that, “Gibson Dunn & Crutcher has long been considered a leading name in US bankruptcy litigation and out-of-court restructurings.” The profile was published in November 2020.
Firm News | January 20, 2021
During this panel presentation, members of Gibson Dunn’s restructuring and real estate practices will discuss the opportunities and risks arising from bankruptcy cases involving real estate assets, and how all stakeholders can proactively take advantage of those opportunities and avoid those risks—particularly through thoughtful pre-bankruptcy planning.
Webcasts | January 19, 2021
Gibson Dunn lawyers provide an easy-to-use comparative guide to restructuring procedures in the UK, US, DIFC, ADGM and UAE.
Client Alert | January 12, 2021
On December 4, 2020, Judge Rakoff of the Southern District of New York denied a motion to dismiss breach of fiduciary duty claims against former directors of Jones Group (the predecessor to Nine West). The lawsuit arises from the board of directors’ approval of a buyout transaction that distributed $1.2 billion to Jones Group shareholders, while allegedly rendering the company insolvent. The Court allowed the claims to proceed, finding that the directors, by their own admission, failed to conduct a reasonable investigation into whether the transaction as a whole was beneficial to the company or would render the company insolvent.
Client Alert | December 30, 2020
Paris partner Pierre-Emmanuel Fender is the author of "Weathering the Covid-19 Crisis in France," [PDF] published in the Europe, Middle East and Africa Review 2020 by Global Restructuring Review in December 2020.
Publications | December 22, 2020
Gibson, Dunn & Crutcher LLP is pleased to announce that Joshua K. Brody has joined the firm as a partner in the New York office. Brody, formerly a partner at Jones Day, will continue his corporate bankruptcy and restructuring practice.
Press Releases | November 30, 2020
Expert Guides has named 33 Gibson Dunn partners to the 2020 edition of its Banking, Finance and Transactional Guide, which recognizes the top legal practitioners in the industry.
Firm News | October 7, 2020
The 2021 edition of Benchmark Litigation Europe has recognized four partners as stars in their respective practice areas: London partners Cyrus Benson and Penny Madden were recognized as stars in International Arbitration; London partner Philip Rocher was recognized as a star in Commercial and Transactions, Insurance, and International Arbitration; and Paris partner Jean-Pierre Farges was recognized as a star in Banking and Financial Services, Commercial and Transactions, Insolvency, and Insurance.
Firm News | October 5, 2020
A panel identifies and addresses credit and valuation risks, fiduciary duty obligations and potential civil and criminal bankruptcy fraud issues that may embroil even cautious investors who participate in post-COVID19 market opportunities.
Webcasts | June 26, 2020
Best Lawyers in France 2021 recognized 17 Gibson Dunn attorneys and named Gibson Dunn the Insolvency and Reorganization Law “Law Firm of the Year.”
Firm News | June 25, 2020
Compliance with securities laws is a crucial element of any restructuring. This webcast addresses a range of potential securities laws issues arising in a variety of restructuring and bankruptcy scenarios.
Webcasts | June 23, 2020
Section 364(e) of the Bankruptcy Code provides important protections to lenders that provide post-bankruptcy financing (known as “DIP Financing”) to companies that are in chapter 11 bankruptcy cases (known as “Debtors”). By its plain terms, Section 364(e) provides a lender with material protections in the event that an order authorizing DIP Financing is later reversed or modified on appeal:
Client Alert | June 15, 2020
Issuers in the United States and their auditors have related, but distinct, obligations to evaluate on a periodic basis whether there is substantial doubt about the issuer’s ability to continue as a going concern. In normal times, this evaluation, conducted with an appropriate level of diligence, results as to almost all major public companies in the conclusion that there is no substantial doubt about the entity’s ability to meet its obligations in the months to come.
Client Alert | May 27, 2020
New York partner Joel Cohen, Los Angeles partner Robert Klyman and Palo Alto associate Emma Strong are the authors of "Bankruptcy Fraud Prosecutions May Increase Post-Pandemic," [PDF] published by Law360 on May 19, 2020.
Publications | May 20, 2020
International Financial Law Review has named MAXpower’s Bank Debt Restructuring as the Restructuring Deal of the Year at the IFLR Asia-Pacific Awards 2020.
Firm News | May 7, 2020
The COVID-19 crisis and the resulting disruption to business have adversely affected many corporate entities’ financial stability and outlook. Even rock-solid, liquid companies have been jolted into a new reality, and may be evaluating options for restructuring their business.
Client Alert | April 30, 2020
In this client alert we summarise: (i) the announcement of details on the Coronavirus Large Business Interruption Loan Scheme (the “CLBILS”); and (ii) the announcement of a new funding scheme for innovative companies that are facing financing difficulties due to the COVID-19 pandemic (the “Innovation and Development Scheme”).
Client Alert | April 22, 2020
Best Lawyers in Singapore 2021 has recognized five Gibson Dunn attorneys as leading lawyers in their respective practice areas: Troy Doyle – Insolvency and Reorganization Law; Jai Pathak – Banking and Finance and Mergers and Acquisitions Law; Brad Roach– Energy Law and Mergers and Acquisitions Law; Saptak Santra – Banking and Finance and Energy Law; and Jamie Thomas – Banking and Finance.
Firm News | April 13, 2020
The rapid spread of COVID-19, increasingly stringent government orders in response, and the profound effects on the global economy have raised concerns among corporate directors about how to adequately discharge their fiduciary duties.
Client Alert | April 6, 2020
The UK Government has launched two funding mechanisms to assist firms with the potential impact of COVID-19 on their businesses: the Covid Corporate Financing Facility (CCFF) and the Coronavirus Business Interruption Loan Scheme (CBILS). Gibson Dunn lawyers provide an overview of the CCFF and CBILS and provides practical guidance as to how firms can make use of these facilities.
Client Alert | March 27, 2020
On March 25, 2020, the German Parliament (Bundestag) passed a far reaching rescue package to respond to the COVID-19 pandemic and its dramatic economic effects.
Client Alert | March 27, 2020
Gibson Dunn lawyers provide an update on actions by the European Central Bank and the German Federal Government (Bundesregierung) and the State Governments (Landesregierungen) implementing several programs to counteract a break-down of companies from large multinationals to sole entrepreneurs.
Client Alert | March 25, 2020
Gibson, Dunn & Crutcher LLP is pleased to announce that Stefan dePozsgay has joined the firm’s New York office. DePozsgay, formerly a partner at Paul Hastings LLP, will continue to focus on private mergers and acquisitions, joint ventures and private equity transactions, including leverage buyouts, growth equity and venture capital work.
Press Releases | March 24, 2020
Gibson Dunn lawyers identify some of the key steps that companies with strong crisis management plans have taken to address the COVID-19 pandemic, and considerations that all companies should keep in mind moving forward, to reduce business and legal exposure.
Client Alert | March 23, 2020
Gibson Dunn received 32 rankings in Chambers Europe 2020: 24 individual rankings and eight firm rankings. The firm was recommended in the following categories: Competition/European Law – Belgium; Corporate Investigations – Europe-wide; Corporate/M&A: High-End Capability – France; Restructuring/Insolvency – France; TMT: Information Technology – France; Compliance – Germany; Corporate/M&A: High-End Capability – Germany; Dispute Resolution: White-Collar Crime: Corporate Advisory – Germany.
Firm News | March 16, 2020
Gibson Dunn lawyers have deep roots in the oil and gas industry, one of the premier U.S. corporate restructuring and reorganization practices and the nation’s leading litigation practice.
Orange County partner Oscar Garza and associates Douglas Levin and Matthew Bouslog are the authors of "Second Circuit Breathes New Life into § 546(e), Answering Unaddressed Question by Merit," [PDF] published by the American Bankruptcy Institute Journal in its March 2020 issue.
Publications | February 28, 2020
Paris partner Pierre-Emmanuel Fender is the author of "Le rôle du fiduciaire dans une opération de fiducie," [PDF] published in the n°154 issue of the French publication Revue LAMY Droit des Affaire in December 2019.
Publications | February 25, 2020
Who’s Who Legal guides for 2019 and 2020 named 12 Gibson Dunn partners to practice guides in their respective fields. Washington, D.C. partners Donald Harrison, Judith Lee and Adam Smith were recommended for Trade & Customs.
Firm News | January 30, 2020
Gibson Dunn has been recognized in 15 categories in the 2020 edition of The Legal 500 Asia Pacific. The Singapore office was ranked in the following Foreign Firms categories: Banking and Finance, Corporate and M&A, Energy and Restructuring.
Firm News | January 21, 2020
Turnarounds & Workouts has named Scott Greenberg among its 2019 Outstanding Restructuring Lawyers. The list was published in the December 2019 issue. Scott Greenberg is Co-Chair of the firm’s Business Restructuring and Reorganization Practice Group.
Firm News | December 31, 2019
Gibson Dunn lawyers examine In re Tribune Company Fraudulent Conveyance Litigation, in which the Second Circuit held that the “safe harbor” provision in section 546(e) of the Bankruptcy Code barred claims seeking to claw back payments that Tribune Company made to public shareholders in 2007 as part of a go-private transaction.
Client Alert | December 26, 2019
Gibson, Dunn & Crutcher LLP is pleased to announce that Scott J. Greenberg, Steven A. Domanowski and Michael J. Cohen have joined the firm as partners in the New York office.
Press Releases | October 3, 2019
In this webcast, a panel of seasoned business restructuring and reorganization practitioners discusses new developments in debtor in possession financing, roll-ups, adequate protection, and related matters.
Webcasts | September 24, 2019
Paris restructuring partners Benoît Fleury, Jean-Philippe Robé, Jean-Pierre Farges, and Pierre-Emmanuel Fender are the co-authors of "Les classes de créanciers dans le nouveau droit des procédures collectives : pistes de réflexion" [PDF] published in Fusions & Acquisitions Magazine on September 13, 2019.
Publications | September 13, 2019
In June 2019, a Delaware bankruptcy court held that a special committee’s advisors cannot withhold privileged documents from a liquidation trustee appointed pursuant to a chapter 11 plan.
Client Alert | August 13, 2019
Best Lawyers in France 2020 has recognized 16 Gibson Dunn attorneys as leading lawyers in their respective practice areas: Ahmed Baladi – Information Technology Law, Intellectual Property Law, Privacy and Data Security Law and Telecommunications Law; Nicolas Baverez – Administrative Law, Public Law and Regulatory Practice; Maïwenn Béas – Public Law; Amanda Bevan-de Bernède – Banking and Finance Law and Investment; Eric Bouffard – International Arbitration; Bertrand Delaunay – Mergers and Acquisitions Law and Private Equity Law; Jérôme Delaurière – Tax Law; Jean-Pierre Farges – Arbitration and Mediation, Banking and Finance Law, Insolvency and Reorganization Law and Litigation; Pierre-Emmanuel Fender - Insolvency and Reorganization Law; Benoît Fleury – Corporate Law
Firm News | July 1, 2019
After a significant wave in 2015 and 2016, bankruptcy filings in the exploration and production (“E&P”) sector of the oil and gas industry temporarily leveled off.
Publications | June 25, 2019
In this webcast, a panel of seasoned Gibson Dunn partners discusses cutting-edge strategies to implement out of court workouts and exchanges for financially troubled issuers.
Webcasts | February 12, 2019
Orange County partner Oscar Garza and associates Douglas Levin and Matthew Bouslog are the authors of "Reducing Litigation Risk Through Transaction Independence: Takeaways from Tribune's Two-Step LBO" [PDF] published in ABI Journal in June 2019.
Publications | June 3, 2019
In this webcast, a panel of seasoned Gibson Dunn attorneys examine Section 363 sales and their alternatives, with particular focus on key issues that can impact the rights and obligations of parties in interest before, during and after an auction or private sale.
Webcasts | May 29, 2019
In this second installment of a webcast series, a panel of Gibson Dunn partners discusses prepackaged and prenegotiated Chapter 11 reorganization cases.
Webcasts | April 25, 2019
On April 23, 2019, in In re Tribune Co. Fraudulent Conveyance Litigation, Judge Denise Cote of the District Court for the Southern District of New York held that the Bankruptcy Code “safe harbor” provision prevents a plaintiff from clawing back payments that Tribune Company made to public shareholders in 2007 as part of a go-private transaction.
Client Alert | April 29, 2019
The Legal 500 EMEA 2019 has recommended Gibson Dunn in 14 categories in Belgium, France, Germany and UAE. The firm was recognized in Competition – EU and Global in Belgium; Administrative and Public Law, Dispute Resolution – Commercial Litigation Industry Focus – IT, Telecoms and the Internet, Insolvency, Insurance, Mergers and Acquisitions, and Tax in France; Antitrust, Compliance, Internal Investigations and Private Equity in Germany; and Corporate and M&A and Investment Funds in UAE.
Firm News | April 19, 2019
A March 2019 bankruptcy court decision from the Southern District of New York held that a make-whole premium in a loan agreement was enforceable against a bankrupt borrower, notwithstanding the Second Circuit’s 2017 decision in Momentive.
Client Alert | March 29, 2019
The Brookstone Holdings asset sale, for which Gibson Dunn served as legal counsel, was recognized as the “Restructuring Deal of the Year” at the inaugural The Deal Awards Middle Market.
Firm News | March 26, 2019
New York partner Matthew Kelsey and associate Matthew Porcelli are the authors of "Del. Bankruptcy Court Reclaims Control Of Article III Suits" [PDF] published by Law360 on March 14, 2019.
Publications | March 14, 2019
The Supreme Court’s watershed Stern v. Marshall decision altered the division of labor between bankruptcy courts and district courts, establishing that bankruptcy courts lacked authority under Article III of the United States Constitution to enter final orders resolving certain “core” claims notwithstanding Congress’s grant of such authority in the Bankruptcy Code. A recent decision by the Bankruptcy Court for the District of Delaware in the bankruptcy case of oil and gas exploration company Paragon Offshore represents the latest chapter in Stern’s ongoing aftermath.
Client Alert | March 13, 2019
Gibson Dunn received 30 rankings in Chambers Europe 2019: 22 individual rankings and eight firm rankings. The firm was recommended in the following categories: Competition/European Law – Belgium; Corporate Investigations – Europe-wide; Corporate/M&A: High-End Capability – France; Restructuring/Insolvency – France; TMT: Information Technology – France; Compliance – Germany; Corporate/M&A: High-End Capability – Germany; Dispute Resolution: White-Collar Crime: Corporate Advisory – Germany.
Firm News | March 8, 2019
Who’s Who Legal Restructuring and Insolvency 2019 recognized five Gibson Dunn partners. Los Angeles partners Robert Klyman and Jeffrey Krause, New York partners David Feldman and Michael Rosenthal, and Paris partner Jean-Pierre Farges were listed.
Firm News | January 15, 2019
Los Angeles partner Jeffrey Krause was named by Turnarounds & Workouts to its 2018 list of Outstanding Restructuring Lawyers. The list was published in the December 2018 issue.
Firm News | December 21, 2018
French business magazine Magazine des Affaires has ranked Gibson Dunn in the top tier in both its debt restructuring and insolvency categories. The rankings were published in the December 2018 restructuring special of Magazine des Affaires.
Firm News | December 18, 2018
Since the result of the Brexit referendum was announced in June 2016, there has been significant commentary regarding the potential effects of the UK's withdrawal from the EU on the financial services industry.
Client Alert | October 11, 2018
Please join a panel of seasoned Gibson Dunn attorneys for a presentation on how a company can best protect itself against “veil-piercing” claims and “alter ego” liability.
Webcasts | July 31, 2018
Global Restructuring Review listed Gibson Dunn in the GRR 100, “a survey of the top 100 law firms verified as being able to handle cross-border restructurings and insolvencies.” In addition to the firm being recognized, Singapore partners Saptak Santra and Jamie Thomas, and senior restructuring counsel Troy Doyle were included in GRR’s “Singapore Names to Know.” The lists were published in June 2018.
Firm News | June 5, 2018
The French Supreme Court for civil law matters (Cour de cassation) made public on June 28, 2018 an important decision dated May 24, 2018. The Social Chamber (Chambre sociale) of the Cour de cassation decided that the ultimate controlling shareholder of a liquidated French subsidiary committed several faults justifying to condemn it to compensate the French employees for the loss of their jobs.
Client Alert | June 28, 2018
Six Gibson Dunn partners were recognized by Who’s Who Legal in their respective fields. In Who’s Who Legal France 2018 guide Paris partners Nicolas Baverez and Jean-Pierre Farges were recognized in Administrative Litigation and Restructuring & Insolvency respectively.
Firm News | May 25, 2018
On March 5, 2018, the U.S. Supreme Court issued a decision in U.S. Bank N.A. Trustee, By and Through CWCapital Asset Management LLC v. Village at Lakeridge, LLC (No.
Client Alert | March 20, 2018
New York partner J. Eric Wise and New York of counsel Yair Galil are the authors of "'All Assets' First-Lien/Second-Lien Intercreditor Agreements," [PDF] published by Bloomberg Law on March 7, 2018.
Article | March 7, 2018
On February 27, 2018, the U.S. Supreme Court issued a decision in Merit Management Group, LP v. FTI Consulting, Inc. (No. 16-784), settling a circuit split regarding the “safe harbor” provision in § 546(e) of the Bankruptcy Code.
Client Alert | March 5, 2018
Groundbreaking Ninth Circuit Decision Declares Only One Class of Impaired, Consenting Creditors Is Needed to Confirm a Joint Plan Among Multiple Debtors
Client Alert | February 6, 2018
New York partner Michael Rosenthal, Orange County associate Matthew Bouslog and New York associate Dylan Cassidy are the authors of "Bankruptcy Court Upholds the Enforcement of the Ipso Facto Clause Against a Foreign Debtor," [PDF] published by American Bankruptcy Institute Journal in February 2018.
Article | February 1, 2018
As some sectors of the UK economy continue to falter and feel the negative impact of various macro-economic events (including depressed oil and commodity prices, low interest rates and the uncertainty caused by the Brexit referendum decision and ensuing withdrawal process), it is inevitable that a number of borrowers will find themselves in pre-distressed or distressed scenarios.
Client Alert | January 31, 2018
New York partners Matthew Kelsey and J. Eric Wise and associate Matthew Porcelli are the authors of "The Battle Over 3rd-Party Releases Continues," [PDF] published by Law360 on November 17, 2017.
Article | November 17, 2017
I. Introduction As discussed in our October 23, 2017 client alert, bankruptcy courts considering whether to approve non-consensual third-party non-debtor releases included in a plan of reorganization have taken divergent approaches to determine which "operative proceeding" is appropriate for analyzing whether the court has jurisdiction or constitutional authority to approve the releases.
Client Alert | November 16, 2017
New York partners Matthew Kelsey and J. Eric Wise and associate Matthew Porcelli are the authors of "A Tale of Two Cases on 3rd-Party Releases," [PDF] published by Law360 on November 9, 2017.
Article | November 9, 2017
Substantive consolidation is an equitable doctrine that permits a bankruptcy court, under certain circumstances, to disregard distinctions between parent companies, subsidiaries and affiliates that operate together as a corporate group.
Client Alert | November 3, 2017
Spin-off transactions offer opportunities and advantages under the right circumstances, but also come with the risk of post-transaction litigation.
Webcasts | October 31, 2017
On October 20, 2017, the Second Circuit issued its opinion in Momentive Performance Materials Inc. v. BOKF, NA v. Wilmington Savings Fund Society, FSB (In re MPM Silicones, LLC), affirming in part and reversing in part a decision by the District Court for the Southern District of New York.
Client Alert | October 27, 2017
I. Introduction Non-consensual third-party non-debtor releases are often included in chapter 11 plans. While the language and scope of these provisions vary, they all seek to prevent one or more non-debtor parties from pursuing claims against certain other non-debtor parties.
Client Alert | October 23, 2017
Several courts have held that the doctrine of international comity and the presumption against the extraterritorial application of U.S. law protect foreign transactions from avoidance actions in U.S. bankruptcy proceedings.
Client Alert | October 20, 2017
As discussed in our August 8, 2016 client alert, lenders and borrowers continue to experiment with creative structures to prevent a bankruptcy filing.
Client Alert | September 26, 2017