S&A Law Offices
International Arbitration Comparative Guide for the jurisdiction of India, check out our comparative guides section to compare across multiple countries
Goodwin Procter LLP
Bernie Madoff died on April 14, 2021, while incarcerated in the Federal Medical Center in Butner, North Carolina, but he lives on in bankruptcy jurisprudence.
Womble Bond Dickinson
The Honorable Mike Johnson (R-LA) has been elected to serve as the Speaker of the U.S. House of Representatives, following the sudden removal of former Speaker Kevin McCarthy (R-CA).
Brown Rudnick LLP
As a general rule, U.S. federal law prevents people with judgments against foreign countries to satisfy those judgments against the countries' assets in the United States.
Kutak Rock LLP
On July 13, 2023, the plaintiffs in Indiana Mun. Power Agency v. United States filed a petition for a writ of certiorari with the U.S. Supreme Court for review of a ruling by the United States Court of Appeals...
On Sept. 19, 2023, the Virginia Court of Appeals held in Fogleman v. Commonwealth of Virginia, that the General Assembly has not waived sovereign immunity under the Virginia Human Rights Act...
Bankruptcy trustees and chapter 11 debtors-in-possession ("DIPs") frequently seek to avoid fraudulent transfers and obligations under section 544(b) of the Bankruptcy Code and state fraudulent transfer or other applicable nonbankruptcy laws because the statutory "look-back".
Proskauer Rose LLP
In April 2022, Proskauer, with co-counsel Public Counsel and Squire Patton Boggs, filed suit in Arizona federal court on behalf of a Guatemalan mother and daughter...
Bass, Berry & Sims
In this post, we summarize noteworthy False Claims Act (FCA) decisions from the second quarter of 2023.
Zeiler Floyd Zadkovich
International Arbitration Comparative Guide for the jurisdiction of United States, check out our comparative guides section to compare across multiple countries
Since May 2023, the U.S. Supreme Court has issued three decisions addressing or potentially impacting issues of bankruptcy law. These included rulings concerning the abrogation...
Arnold & Porter
It is not often that the False Claims Act (FCA) encounters a gating issue like tribal sovereign immunity, but late last month, the Seventh Circuit published an insightful opinion highlighting the boundaries...
On average, the Supreme Court hears a single bankruptcy case each term. But during the October 2022 term, the Supreme Court issued a remarkable four decisions in bankruptcy cases.
Steptoe & Johnson
In observance of US Independence Day, we are bringing you our SCOTUS Edition of the First Tuesday Update on Wednesday. The (usually) First Tuesday Update is our monthly take on current...
On June 15, 2023, the U.S. Supreme Court ruled that the Bankruptcy Code barred an Indian tribe's attempts to collect on a defaulted debt from a Chapter 13 debtor.
In two cases in as many months, the Supreme Court tackled the application of sovereign immunity in two separate insolvency statutes. Two separate government-like entities suffered conflicting fates while the Court...
Holland & Knight
The U.S. Supreme Court recently issued a decision of great importance to Native American tribes and their attorneys in the otherwise innocuous case of Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin.
Sheppard Mullin Richter & Hampton
The U.S. Supreme Court ruled on Thursday that because Indian tribes are indisputably governments, the Bankruptcy Code unmistakably abrogates their sovereign immunity to bankruptcy court proceedings.
Subscription facility lenders are rightfully interested in ensuring that capital commitments of foreign sovereign limited partners are enforceable, despite any available claim to sovereign immunity.
Arnold & Porter
On April 19, 2023, the Supreme Court removed two key potential obstacles to the criminal prosecution of foreign states and their agencies and instrumentalities in U.S. courts. In Turkiye Halk...