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    Trillions Of Dollars In Civil Penalties: “Exhibit A” On Johnson & Johnson’s Need For Bankruptcy
    2022-05-19

    “Trillions of dollars”: That’s the amount of civil penalty claims a group of 40 States are asserting against Johnson & Johnson for consumer protection law violations. [Fn. 1]

    Such civil penalty claims:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Koley Jessen PC, Mediation
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Key Developments in Canadian Insolvency Case Law
    2022-05-10

    In 2021, several significant judicial decisions were rendered across Canada relevant to commercial lenders, businesses and restructuring professionals. This comprehensive report summarizes the key facts and core issues of importance in each case and provides status updates on the cases reported on in our February 2021 bulletin, Key Developments in Canadian Insolvency Case Law in 2020.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Blake, Cassels & Graydon LLP, Mediation, Litigation funding, Insolvency, Supreme Court of Canada, Ontario Superior Court of Justice, Court of Appeal of Alberta, British Columbia Supreme Court
    Authors:
    Pamela L. J. Huff , Linc Rogers , Caitlin McIntyre
    Location:
    Canada
    Firm:
    Blake, Cassels & Graydon LLP
    Subchapter V Trustees: Satisfying The § 1183(b)(3) Duty To “Appear And Be Heard”
    2022-05-05

    “The trustee shall . . . appear and be heard at . . . any hearing that concerns . . . the value of property . . . confirmation of a plan . . . sale of property.” § 1183(b)(3) (emphasis added).

    In every Subchapter V case, the trustee has a statutory duty to “appear and be heard” on certain issues. Often, a trustee can satisfy such duty, on many issues, by participating in a hearing and expressing a verbal opinion on the matter that’s before the Bankruptcy Court.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Koley Jessen PC, Mediation, United States bankruptcy court
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Honesty, the Small Cheat, and Reputation
    2022-05-03

    Business people value their reputations because they take pride in their good names, and “not for some nebulous financial gain.” They:

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Koley Jessen PC, Mediation
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Judge Rosen: On Mediation In City Of Detroit Bankruptcy (Part II, The Concept & The Human Element)
    2022-04-26

    Click here to watch the video.

    Hon. Gerald E. Rosen (Ret.) serves as mediator, arbitrator and neutral evaluator in high-level business cases for the JAMS office in Detroit.

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Koley Jessen PC, Mediation
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    How to avoid contaminating an insolvency appointment: when a disclaimer of land may be set aside
    2022-04-21

    In March 2019, Liquidators were appointed to The Australian Sawmilling Company Pty Ltd (TASCO) by way of a creditors’ voluntary winding up. TASCO owned a large lot of contaminated land – there were stockpiles of construction and demolition waste resulting from a former licensee conducting a materials recycling business.

    Filed under:
    Australia, Environment & Climate Change, Insolvency & Restructuring, Litigation, Tax, Gadens, Mediation, Corporations Act 2001 (Australia)
    Authors:
    Barbara-Ann Sim
    Location:
    Australia
    Firm:
    Gadens
    Mediators: Reject A Binary Equation — “Either This Or That” (In re City of Detroit)
    2022-04-25

    Here’s an important rule for mediators:

    • When the parties try to present you with a binary equation—“either this or that”—reject it; instead
    • Get the parties involved in the process with you—try to help think your way out of the binary box they are trying to put you in.

    –From Judge Gerald E. Rosen [fn. 1] in a May 2021 interview on mediation in the City of Detroit bankruptcy [fn. 2].

    And here’s an illustration of how Judge Rosen faced a binary equation of huge proportions in the City of Detroit bankruptcy—from that interview.

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Koley Jessen PC, Mediation
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Justice Breyer: Fighting To The End (Badgerow v. Walters)
    2022-04-19

    Justice Stephen G. Breyer is set to retire from the U.S. Supreme Court in a few months.

    But he’s not easing into retirement.

    Instead, he’s out there swinging—fighting for his beliefs: trying to instruct / persuade current and future jurists on how the law should be applied.

    Justice Breyer’s latest punch is a lone-dissent, against an eight-Justice majority, dated March 31, 2022. In this dissent, Justice Breyer explains his doctrine of statutory interpretation.

    The Breyer Doctrine

    Justice Breyer’s doctrine goes like this:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Koley Jessen PC, Mediation, Supreme Court of the United States
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Davies Insolvency Now (Issue 5) - Insolvencies in 2021: A Look Back and the Road Ahead
    2022-04-06

    Two years into the pandemic, policymakers struggle to strike a balance between mitigating the ongoing human costs of the crisis and exacerbating the financial strain caused by economic support measures. The 2022 World Development Report (Report) considers the central role that finance will play in enabling countries to recover economically from the pandemic, which in 2020 caused the global economy to shrink by approximately 3% and led to the largest singleyear surge in global debt in decades.

    Filed under:
    Canada, Arbitration & ADR, Insolvency & Restructuring, Litigation, Davies Ward Phillips & Vineberg LLP, Supply chain, Mediation, Coronavirus, Ontario Superior Court of Justice
    Location:
    Canada
    Firm:
    Davies Ward Phillips & Vineberg LLP
    Affordable housing monthly law update
    2022-03-18

    This month sees a statement by the Charity Commission on the Ukraine crisis and how this impacts charities, and a factsheet released by the UK government on the impact the war has had on energy.

    There are also some very interesting articles regarding support for domestic abuse victims to how to deal with Social Housing complaints.

    Finally there is a press article on TLT’s involvement in the innovative second modular deal for Town and Country Housing and Legal and General Modular Homes.

    Filed under:
    European Union, United Kingdom, Company & Commercial, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Healthcare & Life Sciences, Human Rights, Insolvency & Restructuring, IT & Data Protection, Litigation, Non-profit Organizations, Planning, Projects & Procurement, Public, Real Estate, Tax, TLT LLP, Brexit, Climate change, Mediation, Affordable housing, Cybersecurity, Coronavirus, Cladding, UK House of Commons, Economic Crime (Transparency and Enforcement) Act 2022 (UK), UK Supreme Court
    Authors:
    Sarah Hale
    Location:
    European Union, United Kingdom
    Firm:
    TLT LLP

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