Bill on Bankruptcy: What's in the $83M ResCap Examiner's Report?
On May 1, 2026, Vice Chancellor Bonnie W. David of the Delaware Court of Chancery largely granted a motion to dismiss claims for fraud, breach of contract, and breach of the implied covenant of good faith and fair dealing,...more
On 1 June 2026, the United Arab Emirates' new civil code (Federal Decree Law No. 25 of 2025) (the "New Civil Code") came into force, replacing Federal Law No. 5 of 1985 (the "Old Civil Code"). The new legislation reflects the...more
Vedder’s litigation team secured a win on May 22, 2026 for a client involving an interlocutory appeal of the North Carolina Business Court’s exercise of personal jurisdiction over several defendants named in a commercial...more
Appraisal awards seem to be a hot topic in Texas courts as of late, and Petropoulos v. Safeco Ins. Co. of Indiana, No. 4:23-CV-00500-ALM-BD, 2026 WL 408597 (E.D. Tex. Feb. 12, 2026), report and recommendation adopted, No....more
Johnson & Johnson v. Fortis Advisors LLC, No. 490, 2024 (Del. Jan. 12, 2026) - The implied covenant of good faith and fair dealing is a narrow doctrine that is employed to imply terms in contracts to protect the...more
A Nebraska federal court granted franchisor Home Instead, Inc.’s motion to dismiss nineteen Home Instead franchisees’ claims for breach of a 2024 Settlement Agreement. WJM Home Care, LLC v. Home Instead, Inc., 2026 WL 904279...more
May a liability insurer discharge its obligations to its insured simply by interpleading its policy limits, even when doing so leaves the insured exposed to a multimillion-dollar excess judgment? The Georgia Court of Appeals...more
Negotiating a cross-border, U.S./U.K. advertising agency services agreement adds some additional wrinkles to the already well-wrinkled list of considerations for every ad agency contract. Obviously, extra consideration must...more
Two recent Delaware decisions on earn-out disputes offer critical guidance to dealmakers and counsel for framing earn out provisions and disputes. Two 2026 decisions (the Delaware Supreme Court’s ruling in Fortis Advisors LLC...more
In Johnson & Johnson v. Fortis Advisors LLC, the Delaware Supreme Court, in pertinent part, affirmed the Court of Chancery’s finding of extracontractual fraud in the earnout context against the buyer (J&J)....more
In Wagner v. Arizona Municipal Risk Retention Pool, the Arizona Court of Appeals has reiterated that third party administrators are not liable to insureds for bad faith where there is no contractual nexus between the third...more
U.S. Eleventh Circuit Court of Appeals - Dish Network v. Fraifer - copyright infringement - Hayes v. OWCP - Black Lung Benefits Act, “year” - Faulk v. Dimerco Exp - § 1983, racial discrimination, improper arguments,...more
On March 16, 2026, the Delaware Court of Chancery in Fortis Advisors, LLC v. Krafton, Inc. issued a post-trial decision in which the court resolved in favor of plaintiff sellers the first phase of a dispute over a buyer’s...more
On March 17, 2026, Justice Joel M. Cohen of the New York Supreme Court, Commercial Division, issued a mixed ruling in CPPIB Credit Investments II Inc. v. Lions Gate Entertainment Corp., a dispute regarding Lions Gate’s...more
Herbert Smith Freehills Kramer is pleased to present Navigating Contract Disputes: Views from Practice, a series of seminars with accompanying guides, which will be rolled out over the coming months. This series aims to...more
Don’t skip careful analysis of release language in the rush to paper a settlement—recycling generic language from a prior settlement can have unintended consequences. That’s the lesson from Bogda v. Bochenek, 236 Conn. App....more
Welcome to Distressed Debt Legal Insights, Ropes & Gray’s periodic source of timely insights for professionals navigating the complex world of liability management and special situations finance....more
In Primexx Energy Opportunity Fund, LP v. Primexx Energy Corporation, one of the first merits opinions from the newly created Texas Business Court, Judge Bill Whitehill addressed a recurring flashpoint in private equity and...more
A federal district court in Wisconsin recently denied a manufacturer’s motion to dismiss a dealer’s claims for violations of the Wisconsin Fair Dealership Law. The case offers insights into how the WFDL can apply to their...more
The Indiana Supreme Court’s decision in Baldwin v. Standard Fire Ins. Co., 269 N.E.3d 1197 (Ind. 2025) provides clarity for insurers confronted with competing claims that exceed policy limits. In a matter of first impression,...more
Last week, Ole Miss quarterback Trinidad Chambliss secured a preliminary injunction from a Mississippi state court judge, clearing the way for him to compete in the 2026 season, effectively granting him a sixth year of NCAA...more
Earn‑outs are supposed to bridge valuation gaps. In practice, they often create them. A recent North Carolina Business Court decision, Child Care Inc. v. LJ Schools (Carolina), Inc., 2026 NCBC 8, is one of the clearest...more
In net asset value (“NAV”) financings, a payment direction letter (“PDL”) is a useful tool that may be entered into in order to control the flow of cash from the underlying portfolio investments directly to a lender...more
The Delaware Supreme Court has clarified important aspects of Delaware law in the context of an earnout dispute that the Delaware Chancery Court decided in favor of the sellers in 2024. We analyzed the Chancery Court’s...more
Federal Decree Law No. 25 of 2025 (the “New Civil Code”) will come into effect on 1 June 2026, repealing and replacing Federal Law No. 5 of 1985 (as amended) (the “Old Civil Code”), which has formed the backbone of civil and...more