Section of Litigation

Audio

Living Life Deliberately
By Shayna M. Steinfeld
This Sound Advice discusses how to live life deliberately and addresses the issues of: what is “success”? How does one define “success”?

Experts Reports and Depositions
By Faten Sabry
The program provides a list of what to do and what to expect when dealing with expert reports and expert depositions with a few hypothetical examples.

Evidentiary Objections in Bankruptcy Court Trials
This piece discusses evidentiary objections salient to bankruptcy court bench trials.

Defending Fraudulent Transfers Under Section 548(c) of the Bankruptcy Code
How do you defend a claim seeking to avoid and recover a fraudulent transfer made with the actual intent to hinder, delay, or defraud creditors when the defendant was not the wrongdoer? The Bankruptcy Code and case law provide little practical guidance, but this Sound Advice may help.

Committee Solicitation: Do’s and Don’ts
Melissa Root shares her experiences on the best practices and ethical considerations when soliciting a bankruptcy committee counsel representation.

Settlements in Bankruptcy
Delaware litigators Marcos Ramos and Rachel Biblo explain why you might need to put in a little extra time to fully understand the unique nature of bankruptcy settlements.

The Revised U.S. Trustee Fee Guidelines
New guidelines help clarify and codify rules pertaining to trustee fees. Curtis Miller outlines the seven major changes to the guidelines and hints at their implications for the future.

Bankruptcy Litigation Basics
Bankruptcy attorney Mark Platt examines how litigating in bankruptcy court is different from litigating in state court.

ROUNDTABLES

Trends in Bankruptcy Litigation: A Roundtable Discussion with Hon. Robert E. Gerber and the Hon. Rosemary Gambardella
A Roundtable Discussion with the Hon. Robert E. Gerber and the Hon. Rosemary Gambardella concerning recent Decisions that discuss Fraudulent Transfer and Avoidance Actions; the status of non-consensual third party releases in Plans of Reorganization; substantive consolidation; standards to determine unfair discrimination in Reorganization Plan Treatment of dissenting classes, Law Debenture Trust Co. of N.Y. v. Tribune Media Co. (In re Tribune Media Co.), 587 B.R. 606 (D. Del. 2018); and equitable mootness affecting appeals from Confirmation Orders after the Delaware District Court's affirmance of In re Millennium Lab Holdings. We will also discuss Crystallex Int'l Corp. v. Bolivarian Republic of Venez., 2018 U.S. Dist. LEXIS 138978 which analyzed alter ego theories of liability applicable to sovereign and non-sovereign parties, the potential Circuit split between the Second and Third Circuits applying non-consensual third party releases based on conflicting opinions of the District Courts within the Circuits, and limitations of the duties of care and loyalty in recent decisions involving limited liability companies, as well as the importance of establishing control as an exception to sovereign immunity, as well as liability of non-sovereign parties after Crystallex.

Recent Trends in Bankruptcy Litigation: A Roundtable Discussion with The Hon. Robert E. Gerber and The Hon. Rosemary Gambardella Concerning Recent Valuation Decisions, the Limits of Fraudulent Transfer Actions, and the Status of Non-Consensual, Third-Party Releases in Plans of Reorganization
In late 2017, the Supreme Court of Delaware issued two key decisions (DFC Global Corp. v. Muirfield Value Partners and Dell v. Magnetar Global Event) concerning valuation issues that are likely to have implications for fraudulent transfer and other actions in bankruptcy court in the near future. Join our distinguished panel members for a lively discussion of these cases, as well as the Crystallex Int’l Corp case from the Third Circuit concerning the outer limits of permissible fraudulent transfer actions and In re Millenium Lab Holdings II, LLC presenting a potential challenge for the Third Circuit to determine whether Bankruptcy Court may approve non-consensual, third-party releases as part of a plan of reorganization.