Expert Analysis

• What PE Practitioners Need To Know About New Del. ABC Act

  

  Delaware's new Assignment for the Benefit of Creditors statute represents a structural shift in how companies backed by private equity can be wound down and provides a more streamlined tool for managing sponsor liability without the public visibility of a bankruptcy proceeding, says Evelyn Meltzer at Troutman Pepper.

• Being A Magician Makes Me A Better Lawyer

  

  The skills I've developed as a lifelong magician have translated directly into tangible benefits in the courtroom because performing magic and trying cases both live at the intersection of psychology, storytelling, timing and disciplined rehearsal, says Mark Dombroff at Fox Rothschild.

• How Ch. 11 Debtors Can Stop MCA Receivables Raids

  

  Approximately 42 merchant cash advance lenders are involved in the recently filed Chapter 11 bankruptcy of SIMAD Holdings, illustrating that debtors-in-possession must work with committees to preserve the receivable stream before litigating priority, says attorney Kenneth Rosen.

• 5 Rulings Clarify Limits On Chapter 15 Public Policy Exception

  

  Recent bankruptcy decisions from New York and Delaware federal courts distinguish between relief a U.S. bankruptcy court may grant in a domestic case and relief it may recognize under Chapter 15 of the Bankruptcy Code when a foreign court has entered the order, say attorneys at Pierson Ferdinand.

• Congress Must Resolve Growing Subchapter V Uncertainty

  

  Congress must pass a bill to permanently restore the Subchapter V debt limit and clarify several other key points of the law to prevent a practical restructuring tool from becoming a costly procedural morass, says Ted Gavin at Gavin Solmonese.

• Choral Singing Makes Me A Better Lawyer

  

  Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

• Power To The Paralegals: Burnout As A Structural Problem

  

  Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

• A Framework For Volume Dispute Damages In Oil, Gas M&A

  

  With every major upstream oil and gas consolidation in recent years having resulted in minimum volume commitment disputes, experts testifying in such litigation must use a five-step framework for calculating lost profits that accounts for the option structure embedded in the contract, says Robert Foss at Hinds Feat Advisors.

• A Lender's Guide To Fraud: Identifying Risks

  

  The evolving lending landscape, particularly the private credit boom, has heightened lenders' exposure to fraud, but recent bankruptcies demonstrate where fraud risks most commonly materialize and how banks can mitigate exposure at the outset, say attorneys at Moore & Van Allen.

• Brightline Debt Woes Highlight Risks In Private Rail Finance

  

  The reported creditor negotiations and mounting debt obligations of Florida railroad Brightline arrive at a moment when the assumptions underlying a decade of privately financed infrastructure investment are under pressure across multiple asset classes, says Robert Charbonneau at Agentis.

• UCC Digital Asset Update Is Altering Lender, Obligor Diligence

  

  The rollout of the Uniform Commercial Code's Article 12 is transforming digital asset secured lending, forcing lenders and obligors to rethink diligence, control, custody, monitoring and contract terms, as well as collateral practices and financing structures, as jurisdictions continue to adopt the amendments, say attorneys at Lowenstein Sandler.

• Ch. 15 Ruling Is A Restructuring Blueprint For Cannabis Cos.

  

  The recent Cannabist Chapter 15 recognition order is arguably the most significant cannabis bankruptcy development in U.S. history, providing a concrete and tested road map by which such companies with foreign parent structures can access the protective machinery of U.S. bankruptcy law, say attorneys at Saul Ewing.

• Cow Horse Makes Me A Better Lawyer

  

  Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.