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First Circuit Finds That Funds Were Not Liable for Portfolio Company’s Pension Fund Withdrawal Liability

USA - December 19 2019 On November 22, 2019, the United States Court of Appeals for the First Circuit held that two separate private equity funds managed by the same…

Fredric Sosnick, Ian E. Roberts, Joel Moss, Luckey McDowell, Ned S. Schodek.

Midstream Companies Have Renewed Hope: Running-with-the-Land Oil and Gas Dedication Survives a Bankruptcy Challenge, Offering Precedent in Contra to Sabine

USA - October 18 2019 The oil and gas industry in the United States is highly dependent upon an intricate set of agreements that allow oil and gas to be gathered from…

Fredric Sosnick, Ian E. Roberts, Joel Moss, Luckey McDowell, Ned S. Schodek, Sarah McLean.

The Reach of Avoidance - Second Circuit Court of Appeals Holds in Madoff that Bankruptcy Code Can Be Used to Recover Subsequent Extraterritorial Transfers

USA - April 8 2019 On February 25, 2019, the United States Court of Appeals for the Second Circuit issued a decision holding that a trustee is not barred by either the…

Fredric Sosnick, Joel Moss, Ned S. Schodek.

An Interesting Decision: Fifth Circuit Questions Whether Make-Wholes Should Be Disallowed as ‘Unmatured Interest’

USA - February 25 2019 On January 17, 2019, the United States Court of Appeals for the Fifth Circuit issued a decision holding that “impairment” under a plan of…

Fredric Sosnick, Joel Moss, Ned S. Schodek.

Delaware Bankruptcy Court Intercreditor Decision Raises Claim Subordination Issues

USA - February 21 2019 Intercreditor agreements between secured creditors are intended to limit the potential for litigation and result in predictable commercial outcomes…

Bjorn Bjerke, Fredric Sosnick, Gus M. Atiyah, Joel Moss, Joshua W. Thompson, Maura E. O'Sullivan, Michael Steinberg, Ned S. Schodek, Ronan Wicks, Steven Sherman, Tomasz Kulawik.