Business Reorganization

‘Gatekeeping’ in the Fifth Circuit May Be Broader than Exculpations

Bankruptcy Judge Jernigan interprets the Fifth Circuit’s Highland Capital opinion to mean that gatekeeping protections are not limited to parties entitled to exculpation in the Fifth Circuit.

You Get What You Give: An Analytical Approach to Critical Vendor Motions and How Bankruptcy Courts’ Treatment of Critical Vendors May Affect Their Chapter 11 Filings

The Controversial Role of Third-Party Releases in Bankruptcy

Third-Party Releases Under the Bankruptcy Code After Purdue Pharma

First Circuit Writes a Treatise on the Elements of Judicial Estoppel

Disputed facts can defeat invocation of judicial estoppel on summary judgment.