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    Second Circuit Adopts "Transfer-by-Transfer" Approach to Bankruptcy Code's Safe Harbor for Securities Contracts Payments
    2024-01-31

    The scope of the Bankruptcy Code's "safe harbor" shielding certain securities, commodity, or forward-contract payments from avoidance as fraudulent transfers has long been a magnet for controversy, particularly after the U.S. Supreme Court suggested (but did not hold) in Merit Mgmt. Grp., LP v. FTI Consulting, Inc., 138 S. Ct.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Jones Day, Private equity, US Securities and Exchange Commission, Supreme Court of the United States, Second Circuit
    Authors:
    Caitlin K. Cahow
    Location:
    USA
    Firm:
    Jones Day
    In Appreciation of a Pirate
    2024-01-08

    As we turn to a new year, my wife and I like to reminisce about our best days and milestones of the prior year (for 2023, it was a huge celebration with our best friends for my wife’s birthday, an epic bike ride with our kids on a beautiful day in Kiawah, and seeing “the Boss” in concert in Greensboro). Professionally, I find myself thinking about my friend and mentor, George Cauthen, who reached a milestone and retired from the active practice of law in 2023.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Supreme Court of the United States
    Authors:
    Jody A. Bedenbaugh
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Navigating Asset Tracing Challenges in Bankruptcy
    2023-12-11

    This article originally appeared on Law360.

    The uptick in bankruptcy cases will mean more work for insolvency professionals who specialize in asset tracing. Some of the most interesting work will arise in cases where companies engaged in significant fraud.

    Each bankruptcy cycle has these cases. In 2001, Enron Corp. filed for bankruptcy. In 2008, there was Bernie Madoff. The latest example is FTX Trading Ltd.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, Insolvency, FTX, Supreme Court of the United States, Fourth Circuit, U.S. Court of Appeals
    Authors:
    Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Second Circuit: Bankruptcy Courts Have Inherent Authority to Impose Civil Contempt Sanctions
    2024-01-31

    Because bankruptcy courts were created by Congress rather than under Article III of the U.S. Constitution, there is a disagreement over whether bankruptcy courts, like other federal courts, have "inherent authority" to impose sanctions for civil contempt on parties that refuse to comply with their orders. The U.S. Court of Appeals for the Second Circuit revisited this debate in In re Markus, 78 F.4th 554 (2nd Cir. 2023).

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Trade & Customs, Jones Day, Equal Employment Opportunity Commission (USA), US Congress, Supreme Court of the United States
    Location:
    USA
    Firm:
    Jones Day
    The Year In Bankruptcy: 2023
    2024-01-31

    One year ago, we wrote that 2022 would be remembered in the corporate bankruptcy world for the "crypto winter" that descended in November 2022 with the spectacular collapse of FTX Trading Ltd., Alameda Research, and approximately 130 other affiliated companies that ignited the meltdown of many other platforms, exchanges, lenders, and mining operations because they did business with FTX.

    Filed under:
    USA, Banking, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Trade & Customs, Jones Day, Private equity, Venture capital, Supreme Court of the United States
    Authors:
    Dan T. Moss
    Location:
    USA
    Firm:
    Jones Day
    New York Bankruptcy Court: Setoff and Unjust Enrichment Cannot Be Asserted as Affirmative Defenses in Bankruptcy Avoidance Litigation
    2024-01-31

    In a 2021 ruling, the U.S. Court of Appeals for the Second Circuit revived nearly 100 lawsuits seeking to recover fraudulent transfers made as part of the Madoff Ponzi scheme. In one of the latest chapters in that resurrected litigation, the U.S. Bankruptcy Court for the Southern District of New York held in Picard v. ABN AMRO Bank NV (In re Bernard L. Madoff Investment Securities LLC), 654 B.R. 224 (Bankr. S.D.N.Y.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Supreme Court of the United States
    Authors:
    Daniel J. Merrett (Dan)
    Location:
    USA
    Firm:
    Jones Day
    Second Circuit Adopts "Transfer-by-Transfer" Approach to Bankruptcy Code's Safe Harbor for Securities Contracts Payments
    2024-01-31

    The scope of the Bankruptcy Code's "safe harbor" shielding certain securities, commodity, or forward-contract payments from avoidance as fraudulent transfers has long been a magnet for controversy, particularly after the U.S. Supreme Court suggested (but did not hold) in Merit Mgmt. Grp., LP v. FTI Consulting, Inc., 138 S. Ct.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Jones Day, Private equity, US Securities and Exchange Commission, Supreme Court of the United States, Second Circuit
    Authors:
    Caitlin K. Cahow
    Location:
    USA
    Firm:
    Jones Day
    Florida Bankruptcy Court Substantively Consolidates Debtor and Non-Debtor Entities
    2023-12-07

    The Bankruptcy Code does not explicitly authorize the equitable remedy of "substantive consolidation"—i.e., treating the assets and liabilities of two or more related entities as if they belonged to a single, consolidated bankruptcy estate. However, it is well recognized that a bankruptcy court has the authority to order such relief under appropriate circumstances in the exercise of its broad equitable powers when each of the original entities are already debtors subject to the court's jurisdiction.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Supreme Court of the United States
    Authors:
    T. Daniel Reynolds (Dan) , Nick Buchta
    Location:
    USA
    Firm:
    Jones Day
    UK Employment Law Update - December 2023
    2023-12-08

    Welcome to our monthly newsletter, with a summary of the latest news and developments in UK employment law.

    In this issue

    • Case law updates
    • Legislative developments
    • Other news
    • New guidance
    • Consultations

     Recent publications

    Filed under:
    United Kingdom, Scotland, Compliance Management, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, Reed Smith LLP, Gender pay gap, Unfair dismissal, Insolvency, HM Revenue and Customs (UK), Leahy-Smith America Invents Act 2011 (USA), Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK), Supreme Court of the United States, UK Supreme Court, Employment Appeal Tribunal
    Location:
    United Kingdom
    Firm:
    Reed Smith LLP
    Preferences for Sale? Analyzing the Fifth Circuit’s South Coast Supply Co. Opinion
    2024-02-16

    The Fifth Circuit recently issued an opinion that increases the marketability of estate assets often viewed as untouchable. In In re S. Coast Supply Co. ("South Coast"), 91 F.4th 376 (5th Cir. 2024), the Fifth Circuit held that a bankruptcy "preference" action may be sold to a third party under section 363 of the Bankruptcy Code even if the buyer is not an estate fiduciary and does not represent the bankruptcy estate. A preference action is an "avoidance" claim arising under section 547 of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Haynes and Boone LLP, Uniform Commercial Code (USA), Supreme Court of the United States
    Location:
    USA
    Firm:
    Haynes and Boone LLP

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