Winship authors post on suits against private companies brought by shareholders

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 […]

Lawless and Robbennolt: Purdue Pharma, Bankruptcy, and Procedural Justice

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 […]

Kaplan files amicus brief in Fifth Circuit retirement investing case

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 […]

Delaware Bankrupcty Court relies on scholarship from Lawless in opinion

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 […]

Brubaker talks Bayer, Texas Two-Step bankruptcy with Bloomberg

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 […]

Law360 quotes Brubaker on mass tort claims and nondebtor parties

A recent $2.5 billion bankruptcy settlement between the Boy Scouts of America and childhood sexual abuse survivors seemed to put a close to an awful chapter in the victims lives, until the settlement was halted by the U.S. Supreme Court due to concerns over the legality of mandatory releases of claims against nondebtor third parties. […]

U.S. Bankruptcy Court cites Brubaker in decision denying dismissal of asbestos case

The United States Bankruptcy Court Western District of North Carolina recently denied a motion to dismiss the bankruptcy of companies implicated in asbestos liability cases, citing and quoting from several articles by Professor Ralph Brubaker. The case involves Texas Two-Step mass-tort bankruptcy, a topic in which Brubaker has researched and published extensively. The decision cites […]

Brubaker receives Lawrence P. King Award from Commercial Law League of America

Professor Ralph Brubaker has received the Lawrence P. King Award for Excellence in the Field of Bankruptcy by the Commercial Law League of America. Below is the text of the press release announcing the award. Commercial Law League of America Announces 2024 Lawrence P. King Award Recipient  Rolling Meadows, IL, February 29, 2024 – The […]

Lawless quoted by ABC on financial penalties imposed upon former President Trump

Judge Arthur Engoron dealt a significant legal and financial blow to former President Donald Trump’s business empire, including a staggering $355 million fine and temporary removal of Trump and his sons from business leadership roles. Professor Robert Lawless, speaking to ABC News, explained what may happen to Trump and his businesses if his appeal fails […]