Bankruptcy › Civil Remedies › Alternative Dispute Resolution (ADR)

Cyprus Bailout: Potential Recourse for Lost Investments

Large depositors in Cyprus's two largest banks may consider international arbitration and appeals to the European courts to recover funds lost under the bailout plan....more

Arbitration Limitation: Ninth Circuit Holds That a Bankruptcy Court May Refuse to Enforce an Arbitration Clause

Clients often raise questions concerning the enforceability of arbitration clauses in bankruptcy proceedings. While this topic has been hotly debated for many years, a recent Ninth Circuit opinion, In re Thorpe Insulation...more

Court Holds Plan Does Not Trump Arbitration Clause In Parties’ Agreement

On March 9, 2012, Judge Allan L. Gropper of the U.S. Bankruptcy Court for the Southern District of New York held that a claim for damages resulting from a debtor’s breach of an executory contract must be arbitrated...more

Mass Preference Litigation: Strategies And Pitfalls (Including The Use Of Streamlined Procedures And Mediation)

TABLE OF CONTENTS PART A-- PLAINTIFF ISSUES ...1 I. APPLICATION OF THE TWOMBLY/IQBAL TO PREFERENCE ACTIONS ...2 A. Rule 12(b)(6) Decisions Pre-Twombly/Iqbal...2 B. Bankruptcy Courts After the Higher...more