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
    Recent Middle District of Florida case highlights the Medicare jurisdictional bar and the implications of such bar to healthcare bankruptcy cases
    2015-07-13

    On June 26, 2015, the District Court for the Middle District of Florida issued an opinion on consolidated appeals arising from the Bayou Shores SNF, LLC bankruptcy case with potentially broad implications for healthcare bankruptcy cases.  At the heart of the dispute before the District Court was whether the Bankruptcy Court had jurisdiction to enjoin the termination of, and subsequently authorize the assumption of, certain Medicare and Medicaid provider agreements in the bankruptcy case.  As discussed below, the District Court held the Medicare jurisdictional bar set fort

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Arnold & Porter, Medicare, Bankruptcy, Injunction, US District Court for Middle District of Florida
    Authors:
    Rosa J. Evergreen , Michael L. Bernstein
    Location:
    USA
    Firm:
    Arnold & Porter
    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, Medicare, Medicaid, Confidential information, False Claims Act 1863 (USA), US Securities and Exchange Commission, US Department of Justice, Federal Deposit Insurance Corporation (USA), Bank of Montreal Financial Group
    Location:
    USA
    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
    Third Circuit Ruling on Constitutional Authority of Bankruptcy Courts Can Provide Guidance for the Looming Wave of COVID-19 Cases
    2020-04-07

    The economic fallout from the COVID-19 pandemic will leave in its wake a significant increase in commercial chapter 11 filings. Many of these cases will feature extensive litigation involving breach of contract claims, business interruption insurance disputes, and common law causes of action based on novel interpretations of long-standing legal doctrines such as force majeure.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Medicare, Medicaid, Bankruptcy, Fraud, Force majeure, Coronavirus, SCOTUS
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    U.S. has no authority to issue writ of garnishment against assets of company in which judgment debtor invested
    2011-05-27

    UNITED STATES OF AMERICA v. ROGAN (May 12, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Medicare, Medicaid, Fraud, Interest, Limited liability company, Vacated judgment, Liquidation, Remand (court procedure), Writ
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Do Bankruptcy Courts Have Constitutional Authority to Approve Nonconsensual, Third-Party Releases?
    2020-01-14

    Yes, says the Third Circuit. The Third Circuit recently held that the Bankruptcy Court has the authority to confirm a chapter 11 plan which contains nonconsensual, third-party releases when such releases are integral to the successful reorganization. The court’s decision in In re Millennium holds that, when the third-party releases are integral to the restructuring of the debtor-creditor relationship, the Bankruptcy Court has the constitutional authority to approve nonconsensual, third-party releases.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dechert LLP, Medicare, Medicaid, US Department of Justice, Third Circuit
    Authors:
    Shmuel Vasser , Cara Kaplan
    Location:
    USA
    Firm:
    Dechert LLP
    Fifth Circuit Joins Circuit Split Upholding Bankruptcy Court Jurisdiction to Hear Social Security Claims: Case Has Impact for Health Care Bankruptcies
    2019-11-12

    The Bottom Line

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Medicare, Medicaid, US Congress, Fifth Circuit
    Authors:
    Priya K. Baranpuria
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Doing business in the United States 2021
    2021-01-15

    Doing business in the United States

    2021

    2

    Hogan Lovells

    Doing business in the United States 2021

    3

    Contents

    Introduction1

    I.Openness of U.S. markets to foreign investment

    2

    II.Direct or indirect market entry and choice of entity

    8

    III. Commercial contracting

    20

    IV.Labor and employment law considerations

    26

    V.Immigration laws

    34

    VI.Intellectual property laws

    40

    VII. Export control and economic sanction laws

    46

    VIII. U.S. antitrust laws

    56

    Filed under:
    USA, Capital Markets, Company & Commercial, Competition & Antitrust, Copyrights, Corporate Finance/M&A, Designs and trade secrets, Employment & Labor, Healthcare & Life Sciences, Immigration, Insolvency & Restructuring, Litigation, Patents, Trade & Customs, Trademarks, White Collar Crime, Hogan Lovells, Medicare, Bribery, Corporate governance, Money laundering, Due diligence, Non-disclosure agreement, Cybersecurity, Coronavirus, Personal protective equipment, Fair Labor Standards Act 1938 (USA), Foreign Corrupt Practices Act 1977 (USA), CARES Act 2020 (USA), Internal Revenue Service (USA), US Securities and Exchange Commission, Federal Trade Commission (USA), Equal Employment Opportunity Commission (USA), US Department of Justice, Office of Foreign Assets Control (USA), US DoL, NLRB, Microsoft, Committee on Foreign Investment in the United States
    Location:
    USA
    Firm:
    Hogan Lovells
    Management of large liabilities of health care companies through bankruptcy
    2020-02-26

    Two recent decisions involving health care companies demonstrate how reorganization under Chapter 11 of the Bankruptcy Code1 can be used to manage large liabilities.

    Filed under:
    USA, Delaware, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Hogan Lovells, Medicare, Medicaid, Third Circuit, US District Court for District of Delaware
    Authors:
    Kevin Carey
    Location:
    USA
    Firm:
    Hogan Lovells

    Pagination

    • First page « First
    • Previous page ‹‹
    • Page 1
    • Page 2
    • Page 3
    • Page 4
    • Current page 5
    • Page 6
    • 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