July/August 2019
More from this Issue
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Bankruptcy Can Be Powerful Tool in Fiercely Litigated Disputes
Parties in litigation have used bankruptcy to resolve “seemingly intractable litigation” since the U.S. Bankruptcy Code was first adopted in 1978.1 Companies regularly seek bankruptcy protection when they are confronting multimillion-dollar verdicts or settlements, waves of mass tort litigation that may not be covered by insurance, or substantial risks attendant to scandal or fraud investigations […] -
Eye on Diversity
Today I want to celebrate diversity—not just talk about it but truly celebrate it. Fifty years ago, an uprising occurred at the Stonewall Inn in New York City that changed the face of diversity forever. It opened doors not just to one community but to a nation that was still struggling with equality based on […] -
Time to Sharpen Skills, Nurture Relationships
As we pass the halfway point of 2019, our industry still ponders where we are in the current economic cycle and if signs of change are finally on the horizon. Default rates remain low, and capital is still abundant in most sectors. Interest rates have plateaued, and the Federal Reserve has already signaled the potential […] -
Drugmakers May Turn to Bankruptcy to Lessen Opioid Liability
The U.S. opioid crisis and the avalanche of lawsuits it has produced may lead numerous pharmaceutical companies to seek bankruptcy relief, perhaps rivaling the asbestos bankruptcies of the late 1990s and early 2000s. New legal actions are being filed against pharmaceutical manufacturers and distributers nearly every day. Due to the already enormous amount of litigation […] -
Competing Interests, Politics Complicate PG&E’s Wildfire-Related Chapter 11
Occasionally, massive tort liability can be the sole reason a company files for Chapter 11 protection. See In re Johns Manville Corp., 982 F. 2d 721 (2d Cir. 1992): In re A.H. Robins Co., 862 F. 2d 1092 (4th Cir. 1988); In re Dow Corning Corp., 211 B.R. 545 (Bankr. E.D. Mich. 1997). This was […] -
Dictionary May Be No Help in Defining ‘Ambiguity’ of a Statute
The municipal bond market and the marijuana industry recently had something in common: ambiguity or, really, the lack thereof. Two recent decisions, one in the 1st Circuit and one in the 9th Circuit, turned on the courts’ findings that the relevant statutes involved were unambiguous. The Oxford English Dictionary defines “unambiguous” as “not open to […] -
Show a Little Class: Creditor Class Actions in Chapter 11
Defending class-action litigation, meritorious or otherwise, is an unfortunate reality for many large corporations. Often, litigation of this sort can precipitate a bankruptcy filing; other times, an unrelated bankruptcy filing and the attendant publicity can bring previously dormant class claims to the surface. In either case, the Chapter 11 process and representative class litigation make for strange […] -
Scandals Can Land Nonprofits in Chapter 11
Since the college admissions scandal broke in March, it has been nearly impossible to avoid headlines about celebrities and top universities caught up in this tangled web of bribery and deceit. The master puppeteer in this saga, William Singer, has been in the college counseling industry for close to 30 years and allegedly built a […] -
On Deck: Roy E. Filkoff
Q: How did you gravitate into turnaround and restructuring work? FILKOFF: I started my career at KPMG. I was there for 12 years and spent the first nine years auditing mostly privately held businesses in the manufacturing, retail, and distribution industries. That gave me good experience across multiple industries. I left KPMG to become CFO for […] -
TMA Talks: Three ‘Take the Leap’ to Launch All-Women Law Firm
Welcome to TMA Talks, a regular series of podcasts hosted by TMA Global CEO Scott Y. Stuart, Esq. Each segment features prominent TMA members, industry experts, and other special guests. These exchanges, edited transcripts of which are printed in the JCR, offer insights into key markets, forward-thinking economic outlooks, insider thoughts on industry trends, and much more. TMA Talks podcasts are available […] -
Milestones
David Fischer and Nick McDearis have joined Monroe Capital as managing directors. Based in the firm’s Atlanta office, they co-lead the firm’s relationship sourcing and origination of new business opportunities within the Southeast region. Fischer and McDearis were both previously with AloStar Capital Finance. Mike Gorman and Luis Pillich have joined Stout as directors, and […] -
Newcomers: July/August 2019
Atlanta Christy Roper, Conway MacKenzie Inc. James Schroeder, North View Investment Banking Group California – Northern Todd J. Dressel, McGuireWoods LLP California – Southern Andrew D. Wagner, Development Specialists Inc. Carolinas Joseph Esteves, Maine Pointe Chicago/Midwest Paul J. Count, Briar Capital LP Stephanie Gaffin, The Gaffin Group / SLS Capital Advisors Leah Gistenson, Big Shoulders Capital Nicholas Glennon, […]
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2024 TMA Annual Conference
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