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This article can be found in the New York Law Journal‘s Corporate Restructuring and Bankruptcy special report.
Amidst the sometimes dramatic fluctuations in commodity prices that buffet the oil and gas industry, investors generally relied on one segment of…
There is at least one thing that both President-Elect Donald Trump and Senator Elizabeth Warren claim to agree on: restoring the Glass-Steagall Act. Senators John McCain and Bernie Sanders are on record in agreement, as well. This strange collection of…
This post is an in-depth follow up to Scott’s article “Trump Has Been Elected: What Next For Financial Services?” that ran in Bloomberg. The original article can be found here.
As the financial services sector and Republican politicians draft the…
On October 11, 2016, the United States Supreme Court granted certiorari to a debt collection agency in its appeal from the Eleventh Circuit case Johnson v. Midland Funding, LLC.[1] In Johnson, the Eleventh Circuit affirmed its decision in Crawford…
The Bankruptcy Code contains specific provisions that permit the subordination or disallowance of claims of insiders or others that may not, at equity, be entitled to the same status as a regular prepetition claim holder. For example, such claims may…
In order to be retained to provide bankruptcy services to a debtor, most professionals generally need to satisfy the “disinterestedness” requirement of Bankruptcy Code Section 327(a). Typically, in order to be “disinterested,” among other things, the professional in most cases…
On August 23, 2016, Judge Gary Feinerman of the Northern District of Illinois ruled in Fletcher v. Doig in favor of artist Peter Marryat Doig, finding that Doig did not create a painting owned by plaintiff Robert Fletcher.1
Plaintiffs,…
An erroneous copying of a judicial opinion led the Seventh Circuit to reverse a decision about an erroneous copying of a portrait.
Jesus Muhammad‐Ali, the grandson of deceased Nation of Islam leader Elijah Muhammad, painted a portrait of the current…
Carol Highsmith, a renowned American photographer, has filed a lawsuit against Getty Images (“Getty”) and others for violation of the Digital Millennium Copyright Act (“DMCA”).1 Specifically, Highsmith alleges that the three defendants – Getty and Alamy (companies that sell stock…
On July 6, 2016, the House of Representatives passed the Financial Institution Bankruptcy Act of 2016 (“FIBA”) as part of a larger financial services budget bill. FIBA proposes to amend the Bankruptcy Code (the “Code”) to address the specific challenges…
