Host Lynda A. Bennett, Chair of the Insurance Recovery practice at Lowenstein Sandler, welcomes back Freda L. Wolfson, Michael A. Kaplan, and Ruth Fong Zimmerman to continue their discussion on mass arbitration and...more
Host Lynda A. Bennett is joined by Freda L. Wolfson, former Chief Judge of the United States District Court for the District of New Jersey and Chair of Lowenstein's Alternative Dispute Resolution group; Michael A. Kaplan,...more
To borrow from a popular travel destination slogan, what happens in mediation stays in mediation. Or does it?
The answer currently is maybe, as a Delaware bankruptcy judge presiding over the Chapter 11 bankruptcy case,...more
Fraudulent transfer litigation is a valuable weapon in the bankruptcy code arsenal that is commonly used to target assets that were transferred or otherwise disposed of prior to the bankruptcy. These assets, if successfully...more
In recent years, a growing number of entities, such as the Boy Scouts of America and Catholic dioceses, have sought bankruptcy protection to address liabilities arising from mass torts, the most egregious of which relate to...more
In the wake of the COVID-19 pandemic, litigators were forced to pivot their practice and adapt to virtual technology to continue pursuit of their matters. Analyzing the benefits and drawbacks to this new virtual world, today,...more
Projections suggest over 1 million bankruptcy petitions will be filed in 2021. In preparing for those filings, counsel routinely evaluate the prospective creditor pool to determine, inter alia, the types of creditors, claim...more
Originally enacted in 1978, and largely unmodified since, Section 1104(c)(2) of the Bankruptcy Code mandates the appointment of an examiner when a debtor has over $5 million of unsecured debt.
Today, that threshold is...more
In the weeks and months since COVID-19 effectively brought many sectors of the U.S. economy to a screeching halt, numerous major retailers, recreation and travel companies, grocery chains and restaurants have filed for...more
As the country begins on the path toward reopening in the current economic climate, white collar defense practitioners will need to become experts in an unfamiliar area of the law: bankruptcy.
Because there will be an...more
Faced with constantly evolving circumstances in these challenging times, officers and directors should not lose sight of what is arguably their most important corporate role–that is, as a fiduciary. The question, particularly...more