Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Second Circuit Rules That Syndicated Term Loans Are Not Securities
    2023-09-27

    On August 24, 2023, the U.S. Court of Appeals for the Second Circuit held in Kirschner v. JP Morgan Chase Bank, N.A. et al. that certain syndicated term loans2 at the center of a transaction involving JP Morgan Chase and other banks were not securities under state law. While the Second Circuit did not foreclose the possibility that syndicated term loans could be securities under different circumstances,3 for now Kirschner cements the long-standing view -- following Banco Espanol de Credito v.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Litigation, Cahill Gordon & Reindel LLP, Medicare, Medicaid, Confidential information, US Securities and Exchange Commission, US Department of Justice, Federal Deposit Insurance Corporation (USA), Bank of Montreal Financial Group, False Claims Act 1863 (USA)
    Location:
    USA
    Firm:
    Cahill Gordon & Reindel LLP
    Bankruptcy Court Rejects Challenge to Pre-Bankruptcy Uptier Transactions
    2022-07-19

    There have been several so-called "uptier" transactions over the last several years, where lenders have provided "rescue financing" to a distressed company senior in priority to existing debt. While there has been significant commentary about whether such financings are contractually permitted, there have been few decisions analyzing challenges to such transactions.1 In Bayside Capital Inc. v. TPC Group Inc.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Cahill Gordon & Reindel LLP, Bankruptcy
    Authors:
    Joel H. Levitin , Richard A. Stieglitz Jr.
    Location:
    USA
    Firm:
    Cahill Gordon & Reindel LLP
    Recent Hertz Delaware Bankruptcy Court Decision Continues Uncertainty Around Make-Whole Premium Claims
    2022-02-23

    Over the past decade, there have been several court decisions on whether particular make-whole premiums should be allowed as part of a creditor's claim in bankruptcy, such as Momentive,1 EFH,2 American Airlines,3 and Ultra Petroleum.4 Although these decisions and others set forth the legal standards to be applied and resolved the specific claims at issue, the decisions provide little guidance or clarity on the allowability of make-whole claims in future cases.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Cahill Gordon & Reindel LLP, Bankruptcy, Coronavirus
    Authors:
    Joel H. Levitin , Richard A. Stieglitz Jr.
    Location:
    USA
    Firm:
    Cahill Gordon & Reindel LLP
    Consensual deal ends restructuring ofvitro S.A.B., de C.V.; predicting its potential impact begins
    2013-03-08

    The dueling judicial decisions in Mexico and the United States regarding the proposed restructuring of the Mexican enterprise, Vitro S.A.B., de C.V., and its affiliates (collectively, “Vitro”), and its strong opposition by a group of U.S. noteholders, became must-read thrillers for finance and bankruptcy professionals, as well as distressed-debt investors.

    Filed under:
    Mexico, USA, Insolvency & Restructuring, Litigation, Cahill Gordon & Reindel LLP, Fifth Circuit
    Authors:
    Joel H. Levitin , Richard A. Stieglitz Jr. , Daniel R. LeCours
    Location:
    Mexico, USA
    Firm:
    Cahill Gordon & Reindel LLP
    Steps To Take if This Pandemic Is Hurting Your Business
    2020-04-09

    Many companies are currently experiencing dramatic reductions in revenues due to the COVID-19 pandemic. Such companies (along with their investors and creditors) are justifiably concerned that they may need to restructure and even potentially seek bankruptcy protection. Below is a list of items that any potentially distressed company should attend to as soon as possible to increase the likelihood of obtaining the most favorable outcome under the circumstances.

    I. Focus on Cash

    Filed under:
    USA, Banking, Insolvency & Restructuring, Cahill Gordon & Reindel LLP, Coronavirus
    Authors:
    Joel H. Levitin , Richard A. Stieglitz Jr.
    Location:
    USA
    Firm:
    Cahill Gordon & Reindel LLP
    Three Recent Federal Circuit Court Decisions Address Whether a Lead Plaintiff Must Establish Personal Jurisdiction Over the Claims of Absent Class Members
    2020-04-07

    In 2017, in Bristol-Myers Squibb Co. v. Superior Court,1 the Supreme Court of the United States held that, in federal cases involving multiple plaintiffs, each plaintiff must establish that the court has personal jurisdiction over each of its claims.2 This severely limited the forums where plaintiffs could bring multiple-plaintiff cases against defendants.

    Filed under:
    USA, Company & Commercial, Competition & Antitrust, Insolvency & Restructuring, Insurance, Litigation, Telecoms, Cahill Gordon & Reindel LLP, Libor
    Location:
    USA
    Firm:
    Cahill Gordon & Reindel LLP
    Second Circuit Overturns Marblegate, Holding That Section 316(b) of the Trust Indenture Act Protects Noteholders’ Rights Only With Respect to Core Payment Terms
    2017-01-26

    On January 17, 2017, the United States Court of Appeals for the Second Circuit ruled, in a 2-1 decision, in favor of the for-profit education company Education Management Corp.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Cahill Gordon & Reindel LLP, Second Circuit
    Authors:
    Bradley J. Bondi , Charles A. Gilman , Kimberly Petillo-Décossard , John J. Schuster
    Location:
    USA
    Firm:
    Cahill Gordon & Reindel LLP
    Icing on the cupcake for licensees: bankruptcy court extends Bankruptcy Code § 365(n) protection to Crumbs trademarks
    2014-11-07

    In the Chapter 11 case of Crumbs Bake Shop, Inc. (the “Debtor”), a New Jersey bankruptcy court recently issued an opinion1 extending to trademark licensees certain protections already expressly available to other intellectual property licensees under Bankruptcy Code § 365(n).2 In addition, the Court held that the Debtor could not sell its assets free and clear of such protections and found that any future royalties under the license agreement belonged to the Debtor’s estate.3

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Cahill Gordon & Reindel LLP, United States bankruptcy court
    Authors:
    Joel H. Levitin , Richard A. Stieglitz Jr. , Stephen J. Gordon
    Location:
    USA
    Firm:
    Cahill Gordon & Reindel LLP
    Supreme Court approves procedure to consider certain "Stern" claims, while failing to address other issues raised by Stern decision
    2014-06-17

    On June 9, 2014, in Executive Benefits Insurance Agency v. Arkison (In re Bellingham Insurance Agency, Inc.),1 a much-anticipated decision, the Supreme Court addressed how bankruptcy courts should adjudicate so-called Stern claims. Stern claims are “core” claims over which bankruptcy courts have statutory authority to enter orders and judgments,2 but which authority the Supreme Court previously held in Stern v. Marshall3 was not permitted (at least with respect to certain issues) under Article III of the United States Constitution.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cahill Gordon & Reindel LLP, Standard of review, Article III US Constitution, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Joel H. Levitin , Richard A. Stieglitz Jr.
    Location:
    USA
    Firm:
    Cahill Gordon & Reindel LLP
    Delaware Supreme Court affirms indenture limitations on suits among noteholders
    2014-05-30

    On May 22, 2014, the Delaware Supreme Court, applying New York law, affirmed the dismissal of an action brought by Plaintiff noteholders against other noteholders under an indenture for approving amendments with which Plaintiffs disagreed.

    Filed under:
    USA, Delaware, Company & Commercial, Insolvency & Restructuring, Litigation, Cahill Gordon & Reindel LLP, Court of Chancery, Delaware Supreme Court
    Authors:
    Charles A. Gilman , Jonathan I. Mark , John J. Schuster
    Location:
    USA
    Firm:
    Cahill Gordon & Reindel LLP

    Pagination

    • Current page 1
    • Page 2
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days