Practice Mobile Menu Trigger Overview Experience Team Insights Subscribe to insights January 28, 2019 Client Update Fifth Circuit Questions the Enforceability of Make-Whole and Postpetition Interest Claims in Bankruptcy On January 17 2019, the U.S. Court of Appeals for the Fifth Circuit issued a decision strongly suggesting that make-whole ... December 20, 2018 Articles & Books US – How Foreign is Too Foreign? Extraterritorial Limits on the Recovery of Fraudulent Transfers Davis Polk partners Timothy Graulich and Elliot Moskowitz authored the “US – How Foreign is Too Foreign? Extraterritor... September 24, 2018 Articles & Books Directors and Officers Insurance Policies—Are You Covered? Davis Polk partner Marshall Huebner and associate Benjamin Schak discuss the importance for directors and officers to revi... April 26, 2018 Articles & Books Avoiding traps when documenting make-whole premiums for term loans As the structure of term loans continues to evolve to include variations on “call protection” – provisions compensat... April 2, 2018 Articles & Books A Notable Footnote In High Court Merit Management Decision On Feb. 27, 2018, the U.S. Supreme Court issued its decision in Merit Management Group LP v. FTI Consulting Inc., resolvin... February 28, 2018 Client Update Supreme Court Interprets Scope of Section 546(e) Safe Harbor Unanimous Court in Merit Management Group, LP v. FTI Consulting, Inc., No. 16-784, resolves circuit court split, holds tha... February 6, 2018 Articles & Books Management Incentive Plans Under a Microscope Bankruptcy practitioners, strategic investors and other chapter 11 actors have become increasingly focused on the key ec... February 1, 2018 Articles & Books A Dangerous Mix: Multiple Board Service and Insolvency Directors of U.S. companies in certain industries or with sponsor shareholders frequently serve on the boards of multipl... October 23, 2017 Client Update Second Circuit Holds Momentive Noteholders May Be Entitled to Market Interest Rate on Replacement Notes, Not Entitled to Make-Whole Premium In a much-anticipated decision, on October 20, 2017, the U.S. Court of Appeals for the Second Circuit concluded that (1) t... June 23, 2017 Articles & Books The Common Interest Privilege in Bankruptcy: Recent Trends and Practical Guidance The common interest privilege (sometimes known as the community of interest privilege, joint defense privilege or common i... Load More
January 28, 2019 Client Update Fifth Circuit Questions the Enforceability of Make-Whole and Postpetition Interest Claims in Bankruptcy On January 17 2019, the U.S. Court of Appeals for the Fifth Circuit issued a decision strongly suggesting that make-whole ...
December 20, 2018 Articles & Books US – How Foreign is Too Foreign? Extraterritorial Limits on the Recovery of Fraudulent Transfers Davis Polk partners Timothy Graulich and Elliot Moskowitz authored the “US – How Foreign is Too Foreign? Extraterritor...
September 24, 2018 Articles & Books Directors and Officers Insurance Policies—Are You Covered? Davis Polk partner Marshall Huebner and associate Benjamin Schak discuss the importance for directors and officers to revi...
April 26, 2018 Articles & Books Avoiding traps when documenting make-whole premiums for term loans As the structure of term loans continues to evolve to include variations on “call protection” – provisions compensat...
April 2, 2018 Articles & Books A Notable Footnote In High Court Merit Management Decision On Feb. 27, 2018, the U.S. Supreme Court issued its decision in Merit Management Group LP v. FTI Consulting Inc., resolvin...
February 28, 2018 Client Update Supreme Court Interprets Scope of Section 546(e) Safe Harbor Unanimous Court in Merit Management Group, LP v. FTI Consulting, Inc., No. 16-784, resolves circuit court split, holds tha...
February 6, 2018 Articles & Books Management Incentive Plans Under a Microscope Bankruptcy practitioners, strategic investors and other chapter 11 actors have become increasingly focused on the key ec...
February 1, 2018 Articles & Books A Dangerous Mix: Multiple Board Service and Insolvency Directors of U.S. companies in certain industries or with sponsor shareholders frequently serve on the boards of multipl...
October 23, 2017 Client Update Second Circuit Holds Momentive Noteholders May Be Entitled to Market Interest Rate on Replacement Notes, Not Entitled to Make-Whole Premium In a much-anticipated decision, on October 20, 2017, the U.S. Court of Appeals for the Second Circuit concluded that (1) t...
June 23, 2017 Articles & Books The Common Interest Privilege in Bankruptcy: Recent Trends and Practical Guidance The common interest privilege (sometimes known as the community of interest privilege, joint defense privilege or common i...