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    Yellow Is Seeing Red: Bankruptcy Court Invokes Loper Bright in Upholding PBGC Regulations
    2024-09-16

    On September 13, the U.S. Bankruptcy Court for the District of Delaware issued a highly anticipated decision in the In re: Yellow Corporation, et al. bankruptcy that addressed objections to 11 multiemployer pension funds’ withdrawal liability claims totaling $6.5 billion, where those plans received billions in taxpayer-funded Special Financial Assistance (SFA) provided under the American Rescue Plan Act (ARPA) that was not included in plan assets for purposes of the withdrawal liability assessments based upon PBGC regulations.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Thompson Hine LLP, Employee Retirement Income Security Act 1974 (USA), US Congress, American Rescue Plan Act 2021 (USA), Supreme Court of the United States, Financial services pension providers
    Authors:
    Dominic DeMatties , Katherine B. Kohn
    Location:
    USA
    Firm:
    Thompson Hine LLP
    Second Circuit finds alleged legal inaccuracy based on allegedly discharged student loan not actionable under the FCRA
    2023-01-12

    Introduction and Background

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Thompson Hine LLP, Bankruptcy, Student loan, Fair Credit Reporting Act 1970 (USA), Second Circuit, U.S. Court of Appeals
    Authors:
    Jessica E. Salisbury-Copper , Brandon Stein
    Location:
    USA
    Firm:
    Thompson Hine LLP
    FTX joins growing list of high-profile and intertwined crypto-related chapter 11 filings
    2022-11-16

    Crypto investors were dealt another blow on November 11 when FTX, the world’s second-largest cryptocurrency exchange, filed for chapter 11 bankruptcy relief in the District of Delaware, along with more than 130 related companies and affiliates. The bankruptcy was spawned by liquidity issues brought on by the sudden collapse in value of FTX’s crypto assets. Starting on November 6, customers simultaneously attempted to withdraw their funds and assets from the exchange, causing a situation akin to a classic bank run that led to an estimated $32 billion in value quickly evaporating.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Thompson Hine LLP, Bankruptcy, Cryptocurrency, US Securities and Exchange Commission
    Authors:
    Sean A. Gordon , Alexander Andrews
    Location:
    USA
    Firm:
    Thompson Hine LLP
    Out-of-court restructuring to exit asbestos litigation: alternative to chapter 11
    2022-09-16

    Asbestos litigation continues to rage on in the tort system with no likelihood of receding in the immediate future. In addition to the inherent costs associated with having to defend and settle asbestos claims, managing asbestos litigation can be a significant distraction for corporate officers and directors from running their businesses. The overhang of asbestos litigation can also severely dampen the value of an otherwise successful and profitable company.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Thompson Hine LLP, Bankruptcy, Out-of-court restructuring
    Authors:
    John Bae , Alexander Andrews
    Location:
    USA
    Firm:
    Thompson Hine LLP
    Bankruptcy Proof of Claim Basics
    2021-11-30

    When a company receives notice that one of its customers has filed for bankruptcy, the initial response may be “Great, there goes the prospect of receiving payment of those outstanding invoices.” While that may be the ultimate outcome, the only way that result may be locked in with certainty is if the company fails to properly assert its claim against the debtor customer in the bankruptcy proceeding. Fortunately, in many instances, filing a proof of claim in a bankruptcy is a simple and straightforward process, and may not even require the assistance of counsel.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Thompson Hine LLP
    Authors:
    Curtis L. Tuggle , Austin Alexander
    Location:
    USA
    Firm:
    Thompson Hine LLP
    Delaware Bankruptcy Court Limits Issuer's Reimbursement Duty to Indenture Trustee
    2021-08-13

    Key Note:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Thompson Hine LLP
    Authors:
    Curtis L. Tuggle , Jessica Kincaid , Jon S. Hawkins
    Location:
    USA
    Firm:
    Thompson Hine LLP
    Risk Mitigation in Supply Chain Contracts: Consigned Goods
    2020-05-20

    Key Notes:

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Thompson Hine LLP, Coronavirus, Uniform Commercial Code (USA)
    Authors:
    Kip T. Bollin , David S. Forsh , Sean A. Gordon , Kyle Hutnick , Laura Watson Schultz , Louis F. Solimine
    Location:
    USA
    Firm:
    Thompson Hine LLP
    Updated Country Guide: Government Measures Taken in Response to COVID-19
    2020-05-07

    In collaboration with our foreign law firm partners, we continue to update our chart of COVID-19 measures taken by governments around the world. Today’s update includes new information for many countries as indicated in the chart: Global Government Measures Taken in Response to COVID-19.

    Filed under:
    Australia, Belgium, Brazil, Canada, Chile, China, Costa Rica, El Salvador, Eurasia, European Union, France, Germany, Guatemala, Honduras, India, Indonesia, Israel, Italy, Japan, Mexico, Netherlands, Panama, Philippines, Poland, Russia, South Africa, South Korea, Spain, Thailand, Turkey, United Kingdom, USA, Vietnam, Banking, Company & Commercial, Corporate Finance/M&A, Employee Benefits & Pensions, Employment & Labor, Healthcare & Life Sciences, Insolvency & Restructuring, Leisure & Tourism, Product Regulation & Liability, Projects & Procurement, Public, Real Estate, Tax, Trade & Customs, Thompson Hine LLP, Wage, Dividends, Sick leave, Tax deduction, Subsidy, Force majeure, Annual general meeting, Tax deferral, Donald Trump, Coronavirus, CARES Act 2020 (USA)
    Location:
    Australia, Belgium, Brazil, Canada, Chile, China, Costa Rica, El Salvador, Eurasia, European Union, France, Germany, Guatemala, Honduras, India, Indonesia, Israel, Italy, Japan, Mexico, Netherlands, Panama, Philippines, Poland, Russia, South Africa, South Korea, Spain, Thailand, Turkey, United Kingdom, USA, Vietnam
    Firm:
    Thompson Hine LLP
    COVID-19’s Impact on Directors’ Fiduciary Duties to Distressed Companies
    2020-06-29

    The COVID-19 pandemic sweeping across the United States has triggered unprecedented disruption of corporate America, resulting in many otherwise healthy companies facing financial distress and potentially teetering on insolvency. These companies’ directors understandably may have questions about how this sudden change in financial health impacts the fiduciary duties they owe to the company.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Thompson Hine LLP, Board of directors, Directors' duties, Coronavirus
    Authors:
    John Bae , Jessica Kincaid
    Location:
    USA
    Firm:
    Thompson Hine LLP
    Risk Mitigation in Supply Chain Contracts: Critical Vendor, Reclamation and Pipeline Claims
    2020-05-26

    Key Notes:

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Thompson Hine LLP, Supply chain, Coronavirus, Title 11 of the US Code
    Authors:
    Connie Boland , David S. Forsh , Sean A. Gordon , Matthew Kerschner , Jessica Kincaid , Laura Watson Schultz , Louis F. Solimine
    Location:
    USA
    Firm:
    Thompson Hine LLP

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