September 13, 2019
‘Conceivable effect’ test for ‘related to’ jurisdiction continues to apply to liquidating trusts after confirmation of a chapter 11 plan.
August 27, 2019
Madoff feeder fund allowed to conduct primary liquidation in the Cayman Islands.
Madoff feeder fund allowed to conduct primary liquidation in the Cayman Islands.
July 25, 2019
Fifth Circuit permits bar orders in receiverships while blocking nonconsensual, third-party releases in chapter 11 plans.
Fifth Circuit permits bar orders in receiverships while blocking nonconsensual, third-party releases in chapter 11 plans.
June 20, 2019
Fifth Circuit overturns a settlement that barred officers and directors from accessing insurance policies.
Fifth Circuit overturns a settlement that barred officers and directors from accessing insurance policies.
June 4, 2019
Fifth Circuit generally holds that heightened pleading standards in Rule 9(b) do not apply to claims that don’t rely on fraudulent activity, even though the overall scheme may be fraudulent.
Fifth Circuit generally holds that heightened pleading standards in Rule 9(b) do not apply to claims that don’t rely on fraudulent activity, even though the overall scheme may be fraudulent.
May 30, 2019
Having previously made an ‘Erie’ guess finding no good faith defense to a fraudulent transfer, the Fifth Circuit now certifies the issue to the Texas Supreme Court.