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    Health Care Provider Bankruptcy Update: Patient Care Ombudsman Not Necessary in Every Health Care Business Bankruptcy Case
    2023-12-07

    Recent headlines have starkly illuminated the headwinds facing health care providers struggling to recover from a host of financial pressures. Many providers have resorted to filing for bankruptcy protection as a way, among other things, to right-size their balance sheets or effect a sale of their assets or businesses.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Jones Day, Medicare, Medicaid, SIPP, Office of Foreign Assets Control (USA), US Congress
    Authors:
    Mark A. Cody
    Location:
    USA
    Firm:
    Jones Day
    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 Continues to be a Battleground on Key Healthcare Provider Issues
    2022-10-10

    The Bankruptcy Protector

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Medicare, Medicaid, Bankruptcy, Ninth Circuit
    Authors:
    Jody A. Bedenbaugh
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    SCOTUS’s house call on Healthcare Industry: the economic impact of mandatory vaccination
    2022-01-31

    The Bankruptcy Protector

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Medicare, Medicaid, Bankruptcy, Private equity, Telemedicine, Coronavirus, CARES Act 2020 (USA), Supreme Court of the United States
    Authors:
    Frank P. Terzo
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Recent Delaware Bankruptcy Rulings Address Whether a Plan of Reorganization Can Deny a ‘Make-Whole’ Payment Without Impairing Lenders’ Claims
    2022-01-19

    Takeaways

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Skadden Arps Slate Meagher & Flom LLP, Medicare, Medicaid, Bankruptcy
    Authors:
    Ron E. Meisler , Carl T. Tullson , Jennifer Madden
    Location:
    USA
    Firm:
    Skadden Arps Slate Meagher & Flom LLP
    Delaware Bankruptcy Court: No Implied Assumption of Executory Contracts in Bankruptcy
    2022-01-14

    The ability of a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") to assume, assume and assign, or reject executory contracts and unexpired leases is an important tool designed to promote a "fresh start" for debtors and to maximize the value of the bankruptcy estate for the benefit of all stakeholders. However, the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure ("Bankruptcy Rules") establish strict requirements for the assumption, assignment, and rejection of contracts and leases. The U.S.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Jones Day, Medicare
    Authors:
    Marissa Alfano , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    State AG Updates: August 23-27, 2021
    2021-09-02

    Each week, Crowell & Moring’s State Attorneys General team highlights significant actions that State AGs have taken. Here are this week’s updates.

    Monday, August 23, 2021

    Medicaid Fraud

    Filed under:
    USA, Environment & Climate Change, Healthcare & Life Sciences, Insolvency & Restructuring, IT & Data Protection, Litigation, White Collar Crime, Crowell & Moring LLP, Medicare, Medicaid, Climate change, Cybersecurity
    Authors:
    Toni Michelle Jackson
    Location:
    USA
    Firm:
    Crowell & Moring LLP
    Global Healthcare Transactions Series: How COVID-19 Impacted Transactions in the United States
    2021-06-17

    After a sluggish year in 2020 for mergers and acquisitions among hospitals and health systems, 2021 has shown renewed vigor and is poised for considerable transactional activity.

    Filed under:
    USA, Competition & Antitrust, Corporate Finance/M&A, Healthcare & Life Sciences, Insolvency & Restructuring, Morgan, Lewis & Bockius LLP, Medicare, Medicaid, Supply chain, Telemedicine, Coronavirus, Personal protective equipment, Paycheck Protection Program, Federal Trade Commission (USA), Consumer Financial Protection Bureau (USA), US Department of Justice, Affordable Care Act 2010 (USA), CARES Act 2020 (USA)
    Authors:
    Janice Z. Davis , Zachary M. Johns , Ryan Kantor , Sandra J. Vrejan , Glenn E. Siegel , Mark B. Stein
    Location:
    USA
    Firm:
    Morgan, Lewis & Bockius LLP
    Proposed PROTECT Asbestos Victims Act Seeks to Prevent Fraud and Preserve Victim Compensation
    2021-04-05

    On March 3, 2021, the PROTECT Asbestos Victims Act, otherwise known as S.574, was introduced in the U.S. Senate by Senators Thom Tillis (R-NC), John Cornyn (R-TX), and Chuck Grassley (R-IA). This legislation attempts to reform the asbestos bankruptcy trust system by providing oversight of asbestos bankruptcy trusts, ensuring those harmed by asbestos receive fair and just compensation, and eliminating fraud and abuse within the trust system.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Private Client & Offshore Services, Product Regulation & Liability, Goldberg Segalla LLP, Medicare, Medicaid
    Authors:
    Catherine L. Schwarze
    Location:
    USA
    Firm:
    Goldberg Segalla LLP
    Another Court Adopts Majority View in Approving Bankruptcy Trustee's Use of Tax Code Look-Back Period in Avoidance Actions
    2021-02-04

    The ability of a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") to avoid fraudulent transfers is an important tool promoting the bankruptcy policies of equality of distribution among creditors and maximizing the property included in the estate.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Jones Day, Medicare, Internal Revenue Service (USA), US Securities and Exchange Commission
    Authors:
    Daniel J. Merrett (Dan) , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day

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