Bankruptcy

Expert Analysis

• Lenders, Law Firms Brace For Foreclosure High Court Ruling

  

  The U.S. Supreme Court heard oral argument in the case Obduskey v. McCarthy & Holthus LLP on Jan. 7. The court’s ruling in this case could have major implications for all organizations — including law firms — that utilize the nonjudicial foreclosure process, says John Baxter of Nelson Mullins Riley & Scarborough LLP.

• A Look At The Expansion Of Nonrecourse Carveouts

  

  The lessons garnered from the 2008 financial crisis, together with portfolio and securitized lenders competing for sponsors, have spurred a progression of nonrecourse carveout provisions as lenders expand nonrecourse financing into both mezzanine and other loan spaces, say Cyril Derzie and Gina Garcia of Seyfarth Shaw LLP.

• Opinion

  Law Schools Should Be More Like Medical Centers

  

  Medical centers and their faculty matter to the practice of medicine. Law schools and their faculty do not matter to the practice of law, says J.B. Heaton of J.B. Heaton PC.

• Will Bankruptcy Stay Criminal Proceedings For PG&E?

  

  Karol Denniston and Stephen Lerner of Squire Patton Boggs LLP discuss the potential impact of Pacific Gas and Electric's impending bankruptcy filing, expected on Jan. 29, on the order to show cause hearing scheduled in its criminal matter for Jan. 30.

• How To Comply With Qualified Financial Contract Rules

  

  Last year, the International Swaps and Derivatives Association published a protocol enabling covered entities to comply with qualified financial contract rules. Attorneys at Arnold & Porter discuss key provisions of the rules and protocol, compliance methods and deadlines, and next steps for affected counterparties.

• Opinion

  Courts Are Getting It Right On Litigation Funding Discovery

  

  Earlier this month, a California federal court denied discovery into the identification of third-party funders with a financial interest in the outcome of an underlying patent infringement action. This decision in MLC v. Micron follows a long line of well-reasoned precedent across U.S. federal courts, say Matthew Harrison and Sarah Jacobson of Bentham IMF.

• Being Strategic About Chapter 11 Communications

  

  In Chapter 11 cases, such as the pending Sears bankruptcy and the soon-to-be filed Pacific Gas and Electric bankruptcy, it’s critical to ensure that the communications strategy is aligned with the legal strategy, says Eden Gillott of Gillott Communications.

• Diversity's Next Step: Developing Minority Partners

  

  The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.

• Sears’ Biggest Sale (Itself) Offers Valuable Lessons For Retail

  

  Although a deal announced Wednesday could keep open more than half the department stores that retail dinosaur Sears Roebuck and Company had when it filed for bankruptcy protection last October, Sears remains a cautionary tale for the retail industry, say Robert Marticello and Philip Strok of Smiley Wang-Ekvall LLP.

• Arbitrators And Mediators Should Reflect Society's Diversity

  

  Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.