News about the Business Law Program or news about faculty or students that relates to business law
Professor Richard Kaplan has a new article in the Elder Law Journal, titled “Analyzing the New Planning Opportunities in SECURE 2.0 for Retirement Plan Participants.” The article examines six major changes enacted by the SECURE 2.0 Act of 2022 pertaining to current plan participants in retirement plans. Kaplan notes that the changes continue the pattern […]
Professor Ralph Brubaker’s article, “Mass Torts, The Bankruptcy Power, and Constitutional Limits on Mandatory No-Opt-Outs Settlements,” was recently added to SSRN’s Top Ten Download list. The article, published by the Florida State University Business Review, is an examination of “constitutional tensions produced by aggressive efforts to resolve mass-tort liability through federal bankruptcy proceedings, as illustrated […]
In the wake of the Supreme Court’s ruling in the Purdue Pharma bankruptcy, Professor Ralph Brubaker—who submitted an amicus brief in the case—published an article in the Harvard Law School Bankruptcy Roundtable on the implications of the ruling and issues that remain unsettled after the ruling. “Unless bankruptcy is to become a facile end-run around […]
“For any court process to be seen as fair, people must see the judge as unbiased and believe the judge based the decision only on the evidence presented,” Professor Robert Lawless writes in an opinion article published by Bloomberg Law. Though this statement seems uncontroversial, the practice of “venue shopping” for bankruptcy proceedings undermines the […]
In the world of technology, there is a maxim about the division of labor that states, “The US produces technology and the EU produces rules.” This is the center of a new article by Anu Bradford, which was recently reviewed by Professor Verity Winship. In her review, Winship notes “Bradford’s super-power as a scholar is […]
In a new blog post published on the Harvard Law School Forum on Corporate Governance, Professor Verity Winship examines a “blindspot in the law and its analysis”: suits brought by investors against the company in which they own shares. Reviewing literature on “unicorn” companies, private companies valued over $1 billion, Winship discovered a few interesting […]
Professors Bob Lawless and Jennifer Robbennolt co-authored a blog post for Psychology Today, titled “Purdue Pharma, Bankruptcy, and Procedural Justice.” In the post, they discuss how the Sackler family sought a release in the Purdue Pharma bankruptcy case that would protect them from facing opioid lawsuits, despite not having declared bankruptcy themselves. Many claimants were […]
Professor Richard Kaplan was one of six law professors who filed an amicus curiae brief in the U.S. Court of Appeals, Fifth Circuit case State of Utah et al. v. Julie Su et al. The brief was filed in support of a Biden administration rule allowing retirement advisers to consider environmental, social and governance issues […]
In the U.S. Bankruptcy Court for the District of Delaware, Judge Craig T. Goldblatt relied heavily upon the scholarship of Professor Robert Lawless in his opinion for Yellow Corporation’s Chapter 11 plan. Citing “Reframing Arbitration & Bankruptcy,” Judge Goldblatt ruled that Yellow Corp. must resolve issues in bankruptcy court rather than in arbitration. Speaking to […]
Bayer AG is considering employing the controversial legal tactic known as the Texas Two-Step bankruptcy to address the thousands of lawsuits alleging that its Roundup weedkiller causes cancer. The strategy, which involves splitting assets and liabilities into separate units, with the unit burdened by liabilities being placed into bankruptcy to facilitate a global settlement, is […]