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Garvin and its Aftermath: The Ninth Circuit Upholds a Bankruptcy Plan Contemplating Income From a Cannabis-Related Source and Several Bankruptcy Courts Quickly Weigh In

In May, the United States Court of Appeals for the Ninth Circuit issued a much anticipated decision in Garvin v. Cook Investments NW, SPNWY, LLC, 922 F.3d 1031 (9th Cir.

USA, Insolvency & Restructuring, Litigation, Caplin & Drysdale, Chartered, Debtor, Ninth Circuit
D&O Insurance and the Bankrupt Portfolio Company—Are the Director Designees of PE Owners Actually Covered?

All too often the task of procuring and renewing D&O insurance at a portfolio company is assigned to the portfolio company’s CFO or Controller, who employs an insurance broker to find the best price for the amount of coverage deemed appropriate by the broker. When such insurance is procured and thereafter renewed, the CFO/Controller simply reports to the board the fact of the procurement/renewal and few questions about the terms of coverage are discussed at the board level. This can be a big mistake.

USA, Delaware, Company & Commercial, Insolvency & Restructuring, Insurance, Litigation, Weil Gotshal & Manges LLP, Investment company
Supreme Court Alert: The Court Provides Additional Guidance on the Appropriate Level of Review of Determinations of Mixed Questions of Law and Fact by the Bankruptcy Court

On March 5, 2018, the Supreme Court issued a unanimous decision in U.S. Bank National Ass’n ex rel. CWCapital Asset Management LLC v.

USA, Banking, Insolvency & Restructuring, Litigation, Caplin & Drysdale, Chartered, Bankruptcy, Ninth Circuit, United States bankruptcy court
Products Liability Plaintiffs Prevented From Seeking Recovery Against New GM Because the Bankruptcy Court Found Their Claims Were Not Assumed by New GM

On April 15, 2016, the Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”) halted the attempt of plaintiffs who were injured in an accident involving a General Motors vehicle to seek recourse against General Motors LLC (“New GM”) in state court, finding that New GM did not assume liability for the plaintiffs’ claims.  This decision provides yet another reminder to t

USA, New York, Insolvency & Restructuring, Litigation, Caplin & Drysdale, Chartered, General Motors, United States bankruptcy court
Second Circuit determines that Argentine central bank is not alter ego of Argentina

Introduction

USA, Insolvency & Restructuring, Litigation, Caplin & Drysdale, Chartered, Central bank, Foreign Sovereign Immunities Act 1976 (USA), Second Circuit