Delaware Business Court Insider | News
By Ellen Bardash | March 15, 2024
A motion to dismiss filed by the private equity firm's Debevoise & Plimpton attorneys argued a liquidation trustee for a soap and hair care product distributor didn't have standing to bring fraud claims and hadn't adequately pled them in the complaint.
New York Law Journal | Analysis
By Edward E. Neiger, Marianna Udem and Joo Hee Park | March 14, 2024
This issue of the Bankruptcy Update column focuses on the recent biotech industry bankruptcy cases of Zymergen and Humanigen.
Delaware Business Court Insider | News
By Ellen Bardash | March 5, 2024
The SEC's case against Terraform is scheduled to go to trial March 25, and the debtors' counsel moved last week for the bankruptcy court to allow Dentons to serve as special counsel.
Delaware Business Court Insider
By Ellen Bardash | February 29, 2024
The SEC has asked Judge Brendan Linehan Shannon to deny the application unless Dentons returns to Terraform the $81 million still available from its retainer and files engagement letters and agreements about payment with the court.
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | February 27, 2024
Continuing our series on distressed real estate cases, we again decided to report on two cases that present different issues. One involves the debtor's sale of real estate over the objection of the secured lender, which was approved. The other involves a debtor's attempt to enjoin a construction bond company from continuing to pay claims by subcontractors after the filing of the bankruptcy case, which was denied.
The American Lawyer | Analysis
By Dan Roe | February 27, 2024
Class-action plaintiffs and an appellate judge are curious about the regulatory and M&A work Sullivan & Cromwell did for FTX before the exchange collapsed.
New York Law Journal | Analysis
By Corinne Ball | February 21, 2024
This article addresses how a Creditor's Committee may sue members of an LLC, despite Delaware law limitations, and how prebankruptcy exercise of proxy rights in reliance on Delaware law are upheld in a subsequent bankruptcy case.
The Legal Intelligencer | Commentary
By Francis J. Lawall and Brenden S. Dahrouge | February 9, 2024
The now infamous Chapter 11 bankruptcy case of FTX Trading Ltd. (FTX), once a multibillion-dollar cryptocurrency company, has reemerged in a dispute over this very important issue. On appeal, the U.S. Court of Appeals for the Third Circuit recently held that the plain text of Section 1104(c)(2) mandates the appointment of an examiner under the specified conditions set forth.
The Legal Intelligencer | Commentary
By Lawrence J. Kotler and Ryan Spengler | February 2, 2024
In In re Kojima, the U.S. District Court for the Central District of California (the court) affirmed a bankruptcy court's order approving a Chapter 7 trustee's proposed settlement of cannabis-related state court claims held by creditors of the estate.
By Ellen Bardash | February 1, 2024
Bankruptcy experts are now expecting to see a steady stream of Chapter 11 filings continue throughout 2024, though not with a year-over-year jump like 2023's.
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