Two bankruptcy courts have recently addressed the issue of whether a debtor’s activities with creditors in general can affect the ordinary-course-of-business defen
Courts have wrestled with the definition of “individual” in the context of proceedings or defenses resulting from a violation of the automatic stay that arises whe
Companies routinely purchase directors’ and officers’ liability insurance (D&O insurance) to shield directors and officers from personal liability based on the
The Supreme Court’s seminal opinion in Daubert v.
Editor's Note: The following article, "Bankruptcy Jurisdiction's Constitutional Outer Limits" won the prize for second place in the Second Ann
Editor's Note: The following article, "Tax Claims in Transnational Insolvencies: A 'Revenue Rule' Approach," won the prize for third place in
In bankruptcy cases, it is common for appellate courts to decline to review orders confirming substantially consummated chapter 11 plans because of the “equitable
The Lehman Brothers chapter 11 case will set many historic records and provide much “new” law before it winds down.
Hon. Robert E.
Morris, Nichols, Arsht & Tunnell LLP
Pachulski Stang Ziehl & Jones LLP
Holland & Knight LLP
Membership Relations Director
Ice Miller LLP