Legal Lens

Jason Goldstein, a partner at Gibson Dunn specializing in restructuring, shares his insights on the evolution of LME bankruptcies. He discusses the booming landscape of LMEs, the risks associated with post-LME bankruptcies, and how sponsor incentives shape out-of-court restructurings. Jason dives into the implications of indemnity issues and the pivotal roles of appellate outcomes. He also explores how adversary actions can strategically influence cases and discusses the tightening of deal documents in response to market dynamics. A fascinating look at the future of restructuring.

This month's Legal Lens discussion with Katie Coleman of Hughes Hubbard & Reed centers on the growing use of appeals in bankruptcy contexts, and what challenges that presents. As litigation situations like mass torts and LME fights import into bankruptcy more frequently, could the importation of a backward-looking appeal process disable a reorganization system once sought for advantages of speed and cost?

On this episode of Legal Lens, host Andy Serbe sits down with Judge Philip Shefferly, formerly of the Eastern Michigan Bankruptcy bench, to discuss ADR in restructuring. As some say, consensus is king in Chapter 11 and in cases rife with conflict how valuable is an outside perspective in building a deal everyone can live with?

With healthcare debtors facing old challenges such as reimbursement issues, as well as new ones such as potentially reduced funding, what options do they have? In this episode, host Andy Serbe discusses the sector in 2025, and how to balance bankruptcy law with a very human industry with Robert Miller of Hooper Lundy & Bookman.

In this discussion, Byron Moldo, a seasoned attorney from Ervin Cohen & Jessup, delves into the stormy waters of retail bankruptcies. He unpacks the effects of changing consumer habits and the steep rise in online shopping that have left physical stores gasping for breath. The conversation illuminates the significant hurdles landlords face from increasing vacancies and highlights examples like Claire's Holdings and Rite Aid. Moldo also outlines negotiation tactics for landlords and the cautious approach lenders are taking amid a wave of retail challenges.

David Turetsky, a Partner at White & Case with expertise in debt restructurings, dives into the intriguing world of prepackaged bankruptcies. He shares his journey in restructuring law, revealing his passion for helping distressed companies. The conversation covers the evolution of prepacks, their advantages over traditional filings, and the importance of jurisdictional choices in Chapter 11 cases. Turetsky also outlines best practices for success and discusses anticipated trends in the future of these financial strategies.

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.