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The Effective Use of Section 363 sales

When a company is not likely to survive a restructuring, its assets may have value to a third-party buyer. Absent legal protection, a buyer of a financially distressed business will usually be concerned that the company’s...more

[Webinar] Crypto Contagion: The World of Cryptocurrency Bankruptcies - January 26th, 2:00 pm - 3:00 pm PST

This panel will explore various aspects of cryptocurrency bankruptcies including: - The turmoil with crypto companies - How stakeholders fare in bankruptcy - Legal issues of first impression - What’s on the...more

What do real estate companies and executives need to do to prepare for 2023 and the expected economic slowdown?

A few of Greenberg Glusker Real Estate Partners answer a key outlook question: What do real estate developers, investors, lenders, owners, and operators need to do to prepare for 2023 and the expected economic slowdown?...more

Crypto Contagion

Cryptocurrency had a market cap of $10 million in early 2011; it rocketed to nearly $3 trillion in February 2022 and is now down to about $1.1 trillion today. Some of this year's more notable gyrations in crypto's fall from...more

[Webinar] Breaking Down Bankruptcy Fraudulent Transfer and Preference Actions for Attorneys - September 15th, 10:00 am - 11:00 am...

This presentation is prepared for in-house counsel and other attorneys practicing outside of the bankruptcy space and will address the following questions that often arise when dealing with a party that later goes into...more

Bankruptcy Venue Reform and Upcoming Conference Call to Discuss Proposed Bill

What do the Dodgers, American Apparel, Rubio’s Fish Tacos, California Pizza Kitchen, MGM Studios, and Pacific Sunwear have in common? Each is an iconic Southern California brand. But that’s not all they have in common...more

Why Bankruptcy Venue Reform Matters

Current U.S. bankruptcy law gives companies wide discretion to file a bankruptcy in the venue of their choice. A company can file for bankruptcy in any federal district where it has its “domicile, residence, principal place...more

Bankruptcy Venue Reform

Late last year, I co-authored an article in the Los Angeles Daily Journal with fellow bankruptcy attorneys Elissa Miller and Zev Schectman on the need for bankruptcy venue reform. Even though we have not seen the onslaught of...more

SAREs Revisited

Clothing stores, restaurants, gyms and other businesses find themselves in a $52 billion and growing hole of unpaid retail rent that’s been missed since April 2020. According to CoStar Group Inc. TIAA Real Estate Account –...more

Lessons for Health, Beauty & Wellness Companies [Part 3]: When to Consider Acquiring a Distressed Company  [Video]

In this short, three-part video series, Greenberg Glusker Partners Andrew Apfelberg and Brian Davidoff discuss important financial considerations for health, beauty and wellness companies in the wake of a pandemic. Part three...more

Lessons for Health, Beauty & Wellness Companies [Part 2]: What Options Exist for a Vendor During Bankruptcy [Video]

In this short, three-part video series, Greenberg Glusker Partners Andrew Apfelberg and Brian Davidoff discuss important financial considerations for health, beauty and wellness companies in the wake of a pandemic. Part two...more

Lessons for Health, Beauty & Wellness Companies: What to do When Your Buyer is in Financial Distress [Video]

In this short, three-part video series, Greenberg Glusker Partners Andrew Apfelberg and Brian Davidoff discuss important financial considerations for health, beauty and wellness companies in the wake of a pandemic. Part one...more

Strategies for Restaurant Owners to Survive in the New Normal [Video]

As cities reopen around the nation, restaurants continue to face numerous issues with their day-to-day operations. Restaurant owners are pivoting and adapting as quickly as possible, however, each day brings new challenges....more

[Webinar] Strategies for Restaurant Owners to Survive in the New Normal - June 17th, 10:00 am - 11:15 am PDT

As cities reopen around the nation, restaurants continue to face numerous issues with their day-to-day operations. Restaurant owners are pivoting and adapting as quickly as possible, however, each day brings new challenges....more

Will Hollywood find a special place in a government coronavirus bailout?

Variety asked my views on that recently. I don't think so. While the crisis is evolving on a day-by-day and hour-by-hour basis, I think that any financial relief to Hollywood will be more generic. Every industry that has...more

Nunc Pro Tunc Anyone?

On February 24, 2020, the United States Supreme Court ruled in a case Roman Catholic Archdiocese of San Juan v. Feliciano in connection with removal of a state court matter to Federal court, something that may have a...more

Bank of America Must Pay $46 Million for Improper Foreclosure

Brian Davidoff was quoted in a Los Angeles Daily Journal article on March 28, 2017, discussing U.S. Bankruptcy Judge Christopher M. Klein’s ruling in Sundquist v. Bank of America NA which awarded Erik and Renee Sundquist...more

Producers Beware: What happens when your movie distributor files bankruptcy? Part 2.

In my blog article on August 9, I focused on some of the issues that licensors need to be aware of as they license IP rights, including the concept of allowing distributors to include “damages only” clauses in the...more

Producers Beware: What happens when your movie distributor files bankruptcy?

The Issue - There has been written a plethora of articles about Bankruptcy Code §365(n) regarding the rights of parties to license agreements when the licensor files a bankruptcy and rejects a license agreement....more

Experts: Drought Could Reverse Downturn in Bankruptcies

Greenberg Glusker Fields Claman & Machtinger LLP partner Brian Davidoff was quoted in an article that ran in the Los Angeles Daily Journal on July 31st about current predictions that the bankruptcy industry will soon see a...more

Convent, Katy Perry at Center of L.A. Archdiocese Dispute

Greenberg Glusker partner Bernard Resser was quoted in a story that ran in the Daily Journal July 21st about who controls the sale of a Los Feliz convent. In a Petition filed by Greenberg partners Brian Davidoff and Resser...more

“Wellness” Has Made Us Better

On Thursday I published a blog article entitled Will “Wellness Make Us Better?, in which I posed the question of whether or not the U.S. Supreme Court would finally rule on whether or not bankruptcy courts can, in Stern type...more

Will “Wellness” Make Us Better?

The United States Supreme Court will hand down its decision in the next few weeks in the case of Wellness Int’l Network, Ltd. v. Sharif (“Wellness”), 727 F.3d 751 (7th Cir. 2013) regarding bankruptcy courts’ jurisdiction. ...more

Law Firm “Clawback” Suit Goes to Ninth Circuit

Bankruptcy Judge Dennis Montali in San Francisco said last week that he will allow a direct appeal to the Ninth Circuit from one of his rulings in the bankruptcy of Howrey LLP, skipping an intermediate appeal to the U.S....more

Mind the Statutory Gap (aka A Jurisdictional Mess)

As we all know, on June 9 of this year, the Supreme Court issued its long awaited decision in Executive Benefits Ins. Agency vs. Arkison, 134 S. Ct. 2165, 189 L. Ed. 2d 83 (2014), which we had hoped would resolve the open...more

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