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First Circuit hears oral arguments on validity of Puerto Rico’s Recovery Act
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • Puerto Rico, USA
  • May 6 2015

A few reactions to today's oral arguments before the U.S. Court of Appeals for the First Circuit regarding the validity of Puerto Rico's Recovery


What to make of a diminished thing: tobacco bond defaults and restructurings
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • March 11 2015

There is little poetry in tobacco bonds these days. Cigarette consumption has declined beyond projections, and the advent of e-cigarettes may


Puerto Rico’s Recovery Act ruled preempted: what now?
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • Puerto Rico, USA
  • February 8 2015

At the end of "The Candidate", Robert Redford's title character, having won, famously asks, "What do we do now?" A similar question can be asked now


Municipal bond interest paid by a bond insurer after an issuer’s bankruptcy discharge can remain tax-exempt
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • December 22 2014

In the aftermath of recent municipal bankruptcies in which issuers proposed andor implemented bankruptcy plans involving partial discharges of the


Trademark licensees may be protected in a licensor’s bankruptcy even after a “free and clear” sale
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • December 19 2014

The Bankruptcy Code generally permits intellectual property licensees to continue using licensed property despite a licensor's bankruptcy filing


Pennsylvania amends Act 47 to give the Commonwealth more oversight and its municipalities less time to reorganize
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • November 7 2014

Pennsylvania's legislature recently approved House Bill No. 1773, an overhaul to its Municipalities Financial Recovery Act, commonly known as "Act 47


Business judgment rule protects board’s decision to maximize the value of an insolvent Delaware corporation even if it puts creditors at risk; but it does not protect transfers of value from the corporation to a controlling shareholder or related party
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • October 31 2014

Directors of an insolvent corporation face a host of difficult questions. Should they wind up operations or file for bankruptcy to preserve assets


Another Court rules that availability of make-whole premiums in bankruptcy depends on governing documents
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • September 15 2014

In a recent bench decision in In re MPM Silicones, LLC et al., Case No. 14-22503-RDD (Bankr. S.D.N.Y. August 26, 2014), the Bankruptcy Court


PREPA bondholders seek summary judgment invalidating Puerto Rico’s public corporation bankruptcy legislation
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • Puerto Rico, USA
  • August 12 2014

On August 11, Franklin Funds and Oppenheimer Rochester Funds filed a second amended complaint, opposition to motion to dismiss and cross-motion for


Did the Supreme Court finally explain Marathon and Stern? Executive benefits’ impact on bankruptcy court jurisdiction
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • June 27 2014

The Supreme Court has spoken once again on the limited jurisdiction of the bankruptcy courts, adding to the understanding derived from Northern