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J.S. Held

Tariffs and Trade Series: What Senior Management Teams Need to Know

J.S. Held on

Companies around the world are facing increasing uncertainty brought on by the unpredictable and rapid shifts in tariff policies. As a result, corporate leaders are seeking ways to adapt and respond to the sudden and...more

Nelson Mullins Riley & Scarborough LLP

Equity Won’t Save You: Bankruptcy Court Rules that Principles of Equity Cannot be Used to Extend the Deadline to File a...

In a recent decision that highlights a key circuit split, Bankruptcy Judge Patricia M. Mayer of the Eastern District of Pennsylvania ruled that equitable powers under Section 105(a) of the Bankruptcy Code cannot be used to...more

Holland & Knight LLP

Oil and Gas Counterparty Risk: Dealing with Statutory Mineral Liens

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The legal frameworks governing statutory lien rights of oil and gas trade creditors vary significantly between Texas and Louisiana (as well as among other hydrocarbon-producing states). Material distinctions exist between...more

Vedder Price

Strengthening the Cape Town Convention in India: How the newly implemented Protection of Interests in Aircraft Objects Act...

Vedder Price on

On May 1, 2025, new legislation came into force in India called The Protection of Interests in Aircraft Objects Act 2025 (the “Act”). The new legislation arises out of the insolvency of Indian airline Go First, where lessors...more

Latham & Watkins LLP

Close-Out Netting in the Kingdom of Saudi Arabia

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In recent years, the Kingdom of Saudi Arabia (the Kingdom) has increasingly sought to position itself as a Middle Eastern jurisdiction that is open for global business. Key to this is establishing robust, competitive and...more

Rivkin Radler LLP

Supreme Court Decision Limits Trustees’ Ability to Pursue Fraudulent Transfer Actions

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The Supreme Court recently issued an opinion, resolving a circuit split, narrowing the sovereign immunity exception by limiting a trustee’s ability to pursue avoidance actions against the government when such action invokes...more

Poyner Spruill LLP

A Lender’s Introduction to Fraudulent Conveyances: What They Are and How to Prevent

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Lenders extend loans with the belief that if a borrower fails to make debt service payments, the lender can sell the underlying collateral and recoup the outstanding balance of the loan.  However, bankruptcy courts have the...more

A&O Shearman

Key elements of the 2025 CCP Stress Test

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The Bank of England (BoE) has published key elements to its 2025 Stress Test of UK Central Counterparties (CCPs), along with a spreadsheet containing the relevant market stress scenarios. This exercise, the fourth of its...more

Orrick, Herrington & Sutcliffe LLP

Attorneys general urge CFPB to pay consumer restitution

On May 6, the attorneys general from 11 states and the California DFPI urged the CFPB to prioritize the distribution of $4.2 million in consumer restitution, following a bankruptcy court judgment against a company for UDAP...more

WilmerHale

Serta’s (Un)Surprising Take on Equitable Mootness

WilmerHale on

In its New Year’s Eve decision in Serta Simmons Bedding, the Fifth Circuit underscored the importance of drafting debt documents with clarity and precision and cautioned against borrowers’ reliance on ambiguous language to...more

Seward & Kissel LLP

Watching the Watchers, Celebrity Status, and Harvester of Sorrow

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Weight Watchers files bankruptcy after growth in GLP-1 drugs | Bloomberg via Yahoo! Finance - Having rebranded as WW International in 2018 and acquired Sequence, a telehealth company, in 2023, the 62-year-old health and...more

Proskauer Rose LLP

Slamming the Backdoor on Non-Consensual Third-Party Releases

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Non-Consensual Third-Party Releases are Not Permissible in Section 363 Sales or Rule 9019 Settlements, Regardless of the Suggestions of Some Bankruptcy Courts...more

DarrowEverett LLP

Deferred Pay at Risk: The Hidden Dangers of Rabbi Trusts

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News that Steward Health Care executives may lose millions in unqualified retirement savings due to the company's use of a "rabbi trust" has sent a jolt through the ranks of corporate leadership. Steward's deferred...more

Shipman & Goodwin LLP

Strategic Alternatives: Mastering Deeds-in-Lieu, Friendly Foreclosures and Navigating Bankruptcy Scenarios

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While traditional enforcement often requires judicial intervention, alternative resolution strategies can deliver superior outcomes with reduced costs, compressed timelines, and diminished reputational impact. Understanding...more

Troutman Pepper Locke

What Is a Receivership and How Does It Differ From Bankruptcy?

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A receivership is an equitable remedy in which an independent third party is appointed by a court to manage and preserve a company’s assets. Though bankruptcy and receiverships are similar, there are significant differences...more

Carey Olsen

Standing room only: a “person aggrieved” under s.273 of the BVI Insolvency Act 2003

Carey Olsen on

In a judgment handed down on 15 April 2025, Stevanovich v Matthew Richardson and another (as Joint Liquidators of Barrington Capital Group Ltd (in Liquidation) [2025] UKPC 18, the Judicial Committee of the Privy Council (the...more

Holland & Knight LLP

Chapter 15 Ruling by New York Bankruptcy Court Recognizes Debtor's "Synthetic" Restructuring

Holland & Knight LLP on

Judge Michael Wiles of the U.S. Bankruptcy Court for the Southern District of New York issued a decision earlier this year that had the effect of recognizing under Chapter 15 of the U.S. Bankruptcy Code an English Scheme of...more

Carey Olsen

Singapore Apex Court recognises BVI as the COMI of a BVI registered company – an examination of article 16(3) of the Model Law

Carey Olsen on

In Re Fullerton Capital Limited (in liquidation) [2025] SGCA 11, the Singapore Court of Appeal has affirmed the importance of a debtor’s registered office (in this case in the BVI) as its centre of main interests (“COMI”)....more

Gray Reed

Bankruptcy Court Blocks GLO’s State Lease Termination

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In In re Pearl Resources LLC, a Houston bankruptcy court rejected the Texas General Land Office’s attempt to partially terminate state oil and gas leases in Pecos County, despite finding the operator had breached offset well...more

Cadwalader, Wickersham & Taft LLP

“ToMAYto, ToMAHto”: District Court Holds That Differences in State Law Determine Whether Unpaid Annual Pension Contributions...

On March 21, 2025, the U.S. District Court for the Northern District of California affirmed a bankruptcy court’s dismissal of the San Benito Healthcare District’s chapter 9 bankruptcy petition on the grounds that the...more

A&O Shearman

BoE revokes simplified obligations standards 2019/438

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The Bank of England (BoE) has published the Bank Resolution Standards Instrument: The Technical Standards (Simplified Obligations) Instrument 2025 revoking UK Commission Delegated Regulation (EU) 2019/348, containing...more

Stark & Stark

Rite-Aid Files a Chapter 22: Second Chapter 11 Bankruptcy Filing in Two Years

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Rite Aid Corporation filed a Chapter 11 bankruptcy petition for the second time in two (2) years in the District of New Jersey Bankruptcy Court, docket #25-14731 (MBK) on May 5, 2025. A repeat filing like this is often...more

IR Global

Intercontinental Resolution: Cross-Border Litigation and Asset Recovery Flowing from Africa to the United States and Europe

IR Global on

As international commerce deepens its roots in emerging markets, the legal consequences of commercial disputes often transcend borders – nowhere more so than in Africa. With 54 countries each boasting their own legal systems...more

Clark Hill PLC

How Bankruptcy Courts Interpret Intercreditor Agreements: The Uncertainty of Judicial Perspective

Clark Hill PLC on

Intercreditor Agreements typically are contractual arrangements among lenders of similar or differing priorities to a single borrower secured by the assets of the borrower, often including real estate assets. These multiple...more

Seward & Kissel LLP

Pause for Concern, Paying the Freight, and Comic Timing

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Imerys Halts Ch. 11 Trial Over Foreign Claimant Issues | Law360 - Imerys Talc America and Cyprus Mines announced unexpectedly Monday that they wanted to halt plan confirmation proceedings....more

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