The focal point of blockchain technology is the concept of decentralization—that is, no central authority exists with control and decision-making power. As blockchain technology has evolved, innovators have found creative uses of the technology to disrupt centralized structures, including the...
Today, nearly all securities around the world are held electronically at various clearinghouses, including The Depository Trust Company (DTC), Euroclear, and Clearstream International SA. Electronic holding facilitates efficient, immediate, cost-effective, and anonymous trading and contributes to...
Over the last decade, digital has become the dominant channel in advertising due to its combination of extensive reach and strong, measurable ROI performance. Digital’s primary competitive advantage over traditional forms of advertising, such as linear TV, radio, print, and out-of-home, is the...
Familiarity with sales of a debtor’s assets during a bankruptcy case is much more pervasive than in years past. Such sales, known as 363 sales and named for a section of the U.S. Bankruptcy Code, generally allow a debtor to sell its assets free and clear of liens, claims, and encumbrances, and give...
The continuing effects of the COVID-19 pandemic, the war in Ukraine, worsening inflation, and fears of a recession have roiled the world economy this year. The cryptocurrency market has not been immune to these forces and has experienced significant liquidity events, accelerating an industrywide...
U.S. inflation recently hit a headline-grabbing, 40-year high of 8.6%. Alarming as that may be, it pales in comparison to the increase in U.S. Trustee fees Congress imposed in 2017. Most debtors experienced fee hikes of at least 700%, while some saw increases of as much as 1,250%. The sticker shock...
While companies and advisors understand that communications and stakeholder relations have an important role to play in a successful restructuring process, the need to effectively plan for and manage communications in mass tort Chapter 11 cases is significantly heightened. The restructuring process...
In bankruptcy law, insurance neutrality is closely related to the issue of standing. A bankruptcy plan of reorganization is insurance neutral if it does not increase an insurer’s “pre-petition obligations nor impair their pre-petition contractual rights under the subject insurance policies.” In re...
In recent years, Bankruptcy Courts have seen an influx of bankruptcies that primarily result from a debtor’s outstanding mass tort liability. While many commentators focus on plan confirmation issues, such as non-debtor releases, mass tort bankruptcies pose unique challenges in the solicitation and...
Insolvency and restructuring proceedings under Canada’s Companies' Creditors Arrangement Act (CCAA) have come a long way over the last 20 or so years. There was a time when a company couldn’t hope to benefit from CCAA protection without a clear path to restructuring its business and settling its...
