On June 5, the Department of Justice announced that opioid manufacturer Insys Therapeutics (Insys) agreed to settle the government’s criminal and civil investigations into an illegal marketing scheme for Subsys, an opioid spray used by adult cancer patients.
The question regarding whether a trademark licensee may continue to use a license after a debtor-licensor rejects the license in its bankruptcy case has now been answered. On Monday, May 20, 2019, the Supreme Court handed down an 8-1 opinion in Mission Product Holdings, Inc. v.
Ohio and other states where Frost Brown Todd has offices have long had witness and/or notary requirements for the execution of mortgages. Ohio Revised Code Section 5301.01 provides that a “mortgage . . . shall be signed by the . . . mortgagor. . . . The signing shall be acknowledged by the . . . mortgagor . . . before a . . . notary public . . .
Last week, the trustee for Fyre Festival LLC’s bankruptcy estate received court authorization to serve subpoenas on 24 individuals and companies connected to the failed music festival, including agencies representing the social media influencers who were instrumental in promoting the event. Payments that these influencers received connected to the festival are now subject to scrutiny as the bankruptcy trustee pieces together the defunct company’s finances.
On January 17, 2019, the Fifth Circuit Court of Appeals issued an opinion holding that a creditor whose rights have been affected by operation of the Bankruptcy Code may nevertheless be “unimpaired” under a chapter 11 plan of reorganization.
Consider the common commercial loan collection situation: a business debt collateralized by relatively permanent collateral (real property or durable non-mobile equipment such as a printing press) and transient collateral (inventory, accounts receivable and cash).[1] Frequently, there is also potentially recoverable unsecured debt because the collateral is insufficient to pay the entire debt and (a) the collateral does not include all the borrower’s
A lawyer’s usual task is to help solve the client’s current problem: resolve a dispute; close a loan; obtain a permit; avoid a conviction; etc. Lawyers are so task oriented that some consultants advise us to have task specific engagement understandings and send dis-engagement letters when a task is complete. For bankruptcy lawyers representing individuals in a Chapter 13 bankruptcy, the task at hand is getting clients to and through a confirmed Chapter 13 plan with the promised debt relief and fresh start.
On June 27, 2018, the Second Circuit denied Nordheim Eagle Ford Gathering, LLC’s petition for a panel rehearing and request that the court certify issues of Texas property law to the Texas Supreme Court. The denial leaves in place the Second Circuit’s May Summary Order affirming the widely publicized decisions of the bankruptcy and district courts below which concluded that the midstream contracts could be rejected because they did not create covenants running with the land under Texas law.
Summary of Key Takeaways
Lawyers representing creditors often compete with federal government claims against the same insolvent borrower/debtor. There are several common federal statutes that impact these disputes including: 11 U.S.C. Section 507[1]; 26 U.S.C. Section 6321[2], et seq.; and 31 U.S.C.
What does it take to represent a private equity client entangled in a complex restructuring involving an important investment in a portfolio company?
Ask David Meyer, the Vinson & Elkins New York-based restructuring partner who led the V&E team representing Riverstone Holdings in the restructuring of Gulf of Mexico oil producer Fieldwood Energy.
In many ways, the case serves as a template for navigating amid a set of highly challenging circumstances.