News about the Business Law Program or news about faculty or students that relates to business law
In the pending U.S. Supreme Court case regarding Purdue Pharma’s litigation shield for the Sackler family, the decision of the Court could impact widely used non-debtor releases in Chapter 11 bankruptcy cases. Professor Ralph Brubaker suggested to Bloomberg Law the ruling might affect cases involving mass torts, including cases involving the Catholic diocese, Boy Scouts, […]
Ruling in the case Nine West LBO Securities Litigation, the United States Court of Appeals for the Second Circuit cited Professor Ralph Brubaker’s work on safe harbor rules in the Tax Equity and Fiscal Responsibility Act of 1982. The case revolved around the leveraged buyout of an apparel and footwear company, including brands such as Nine West and Anne Klein, and […]
People generally grasp the basic concept of settlement, recognizing it as an agreement between parties to resolve a dispute without the need for a trial, but some confusion exists regarding the settlement process. Professors Jennifer Robbennolt and Verity Winship, along with Jessica Bregant ’09, have made examining settlements one of the hallmarks of their scholarship, […]
The bankruptcy deal for Purdue Pharma, in which the Sackler family would pay $6 billion and be shielded from further lawsuits, is a highly charged issue which led to fiery arguments before the Supreme Court. Professor Ralph Brubaker, who has submitted an amicus brief against Purdue Pharma in the case, spoke with several news outlets […]
In the lead-up to oral arguments in the Purdue Pharma case at the Supreme Court, bankruptcy expert and law professor Ralph Brubaker spoke to Bloomberg about the key question at hand. “Given the court’s existing jurisprudence, I would be personally shocked if they find there is statutory power for what the bankruptcy court approved in […]
The Harvard Law School Bankruptcy Roundtable brings together corporate bankruptcy practitioners with bankruptcy scholars in an online venue to discuss critical issues in corporate bankruptcy. The Roundtable recently published a series on the Purdue Pharma bankruptcy case, where they featured several of the more than thirty briefs filed in the case, giving readers the opportunity […]
Lenders to bankrupt firms are increasingly insisting upon controversial contract clauses known as roll-ups, which boosts investments by moving existing debt to the front of the repayment line. This kind of contract structure prioritizes existing debt repayment, potentially limiting the resources available for lower-ranking creditors. Despite their controversial nature, bankrupt firms and judges overseeing them […]
WeWork’s recent Chapter 11 filing in New Jersey is the seventh large bankruptcy filing in the state since the previous November, as corporations increasingly choose the state as the destination to restructure their debt. New Jersey’s share of large bankruptcies nationwide has risen to 5%, partly due to the stability provided by consistent judges in […]
A dozen academics, including Professors Ralph Brubaker and Robert Lawless, are urging the United States Bankruptcy Court to abolish the two-judge panel on a south Texas bankruptcy court that has earned a reputation as a key venue for large bankruptcy cases. The letter from the legal scholars to Chief Judge Eduardo V. Rodriguez comes as […]
When student loan payments resumed in October, an op-ed in the Philadelphia Inquirer proposed a solution to help debtors: Restore bankruptcy rights to student loans. To make his case, the author of the piece spoke to bankruptcy expert Professor Robert Lawless about the history of bankruptcy protection for student loans. Lawless explained that although federal […]