Legal Lens

On this month's episode, host Andy Serbe sits down with Greg Jones of Stradling to discuss the history and recent posture of asbestos cases, one of the biggest categories of mass tort cases, using recent appellate arguments in the Bestwall Chapter 11 as a focal point.

This month on Legal Lens, host Andy Serbe is joined by Judge Bruce Harwood (Ret.), to discuss running the New Hampshire bankruptcy court, becoming president of the American Bankruptcy Institute, and life after the bench.

In this engaging discussion, Ilse van Gasteren, a partner in Amsterdam’s Restructuring Group, Maez-Riëlle Fink from New York, and London partner Melissa Coakley share their insights on UK Schemes and the Dutch WHOA. They delve into international restructuring alternatives to U.S. Chapter 11, highlighting the efficiencies and benefits of the Dutch BOA. The panel examines evolving liability management strategies and compares U.S. and international bankruptcy practices, shedding light on the flexibility in cross-border cases and the implications for directors and creditors.

William Hotze, a partner at Dykema with a focus on bankruptcy and restructuring, dives into the intricate world of liability management transactions in bankruptcy. He revisits significant cases like Serta, Robertshaw, and Wesco, shedding light on the unique challenges these companies face. The conversation highlights critical lender litigation and the complexities of legal strategies within bankruptcy proceedings, revealing how precise documentation can influence outcomes. Hotze's insights underscore the dynamic nature of restructuring in this evolving field.

In this month's episode, host Andy Serbe discusses the potential effects of tariffs and uncertain trade policy under the Trump administration with Mariaelena Gayo-Guitian of Venable LLP.

On this month's Legal Lens, host Andy Serbe sits down with Joel Cohen of Stout to discuss the outlook for restructuring abroad, with all its challenges and opportunities, as we enter 2025.

Closing out 2024, on this Legal Lens host Andy Serbe discusses Ukraine, public policy advisory work, and the greater effects of the conflict with Russia on distressed markets domestically and abroad.

Andrew Gallo, a partner at Morgan Lewis specializing in bankruptcy litigation, shares his insights into the recent Hertz make-whole decision. He delves into the complexities of the solvent-debtor exception and its historical evolution. Gallo explores the legal implications of make-whole provisions and discusses how circuit court rulings impact loan agreements. He also highlights the unique situation of solvent debtors like Hertz and Ultra during bankruptcy proceedings, and examines how recent court rulings may reshape lending practices in the future.

On this episode of Legal Lens, host Andy Serbe discusses crypto, its handling by the SEC, and the agency's broader regulatory approach with Ryan Adams, a former attorney at the regulatory agency. Adams, speaking in a personal capacity on this episode, is currently a partner at Morrison Foerster.

On this month's Legal Lens, host Andy Serbe sits down with CohnReznick's Kevin Clancy to discuss the issues facing restaurants in need of restructuring, and how the industry can right the ship moving forward.