FCA Implications for M&A Transactions
Fairness & Solvency Opinions Shouldn't Be Overlooked Amid Restructuring Wave
Asset Protection 101: Are You and Your Family Protected from Litigation, Creditors, and Divorce?
Bill on Bankruptcy: Rakoff Reverses Himself in Madoff Case
Vietnam has overhauled its decade-old bankruptcy legislation and enacted Law on Rehabilitation and Bankruptcy No. 142/2025/QH15 (RBL 2025), which will take effect on March 1, 2026 and replace the existing Law on Bankruptcy...more
A recent decision from the United States Bankruptcy Court for the Southern District of New York offers a stark reminder that bankruptcy is not a cure-all—particularly when unpaid tax liabilities are the result of deliberate...more
The Texas attorney immunity doctrine is a defense that generally insulates attorneys from being sued by non-clients for legal work the attorney performed within the scope of representing a client....more
If you are a professional, entrepreneur, investor, or family steward with meaningful personal assets, a well‑crafted Domestic Asset Protection Trust (DAPT) can help you proactively shield wealth from lawsuits, creditor...more
The ongoing financial distress of luxury brand retailers has raised urgent questions for sellers of luxury brands. For independent brands and institutional luxury houses alike, each distressed situation creates unique...more
On the heels of our last client alert on bankruptcy safe-harbor case law developments, yet another court has reemphasized the breadth of the Bankruptcy Code’s safe harbors for transactions conducted under qualified financial...more
Several industrial companies have recently implemented transactions to permanently divest legacy contingent liabilities. In these transactions, the divesting company transfers ownership of an entity holding specified legacy...more
Opportunities for fraud have never been greater. Both the number of cases and the amounts at stake are vast1 and advances in technology allow fraudsters to deploy increasingly sophisticated and tailored techniques. Moreover,...more
A recent decision by Bankruptcy Judge Brendan Shannon was peppered with some harsh words for a defendant in an adversary proceeding. Judge Shannon said the party’s “failure to perform basic discovery responses and...more
Every year, the courts make a vast number of insolvency case law decisions. Many refine established legal principles; some are highly fact-specific (and distinguishable on that basis), whilst others reshape practice and...more
There are two (2) main procedural avenues for the resolution of disputes in a bankruptcy case: contested matters and adversary proceedings. Contested matters are typically resolved through motions practice in the main...more
Assume wrongdoer procures title to a traceable portfolio of stocks by fraud, duress, or undue influence from rightful owner and then transfers title on to an innocent third party for nominal consideration, i.e. to a non-BFP....more
An executor who pays himself before the tax bill comes due may end up paying twice. In Estate of Spenlinhauer v. Commissioner, the U.S. Tax Court held that an executor–residuary beneficiary was personally liable as a...more
Welcome back to Distressed Debt Legal Insights, Ropes & Gray’s new source of timely insights for professionals navigating the complex world of liability management. In this issue, we spotlight the unfolding litigation between...more
New York Bankruptcy Court Rejects Challenge to Barnet Rule Permitting Foreign Debtors to Obtain Chapter 15 Recognition With Only Minimal U.S. Assets - Court disagree over whether, to be eligible for relief under chapter 15...more
What began as a high-asset marital dissolution between John and Laura Overdeck has transformed into a wide-ranging challenge to modern trust planning and the professionals who support it....more
Causes of action for avoidance and recovery of preferential, fraudulent, or unauthorized transfers often are a means of generating value for the benefit of the estate and creditors in a bankruptcy case. For this reason, many...more
You take note when an opinion by an experienced bankruptcy judge says a party’s “failure to perform basic discovery responses and participation in litigation . . . has been breathtaking. I have seen a lot, but I have not seen...more
Most restaurant bankruptcies are won or lost before the case is ever filed. The 90 days leading up to a filing are critical for New York restaurant owners: the moves you make (or don’t make) can affect everything from your...more
As if buying real estate is not stressful enough, prospective buyers might not have heard of a new danger: title pirates. These are criminals who file phony documents claiming to own property that actually belongs to someone...more
Our Real Property, Title Insurance, and Financial Services Update offers a weekly overview of notable court decisions impacting property rights, title issues, the banking industry, and related litigation. Each edition...more
Port Elizabeth Terminal & Warehouse Corp., a major marine terminal and warehousing operator serving the Port of New York and New Jersey, filed for Chapter 11 on November 14, 2025, in the Bankruptcy Court for the District of...more
Two courts – the U.S. Court of Appeals for the Second Circuit in In re Fairfield Sentry Ltd. (Aug. 5, 2025)1 and the U.S. Bankruptcy Court for the District of Delaware in Opioid Master Disbursement Trust II v. Covidien...more
Over one thousand creditors were “preferred” as Rite Aid ran up to its first bankruptcy filing in 2023. That is what the trustee appointed to liquidate Rite Aid’s assets is alleging in a tidal wave of lawsuits recently...more
In mergers and acquisitions involving government contractors, the False Claims Act is an important consideration that both buyers and sellers need to address, particularly if the target company is the focus of an FCA...more