Practice and Procedure

MOAC Again: No Remedy for the Landlord Despite Beating Sears in the Supreme Court

On remand from the Supreme Court and the Second Circuit, the district court decides that the Mall of America landlord isn’t entitled to more than the bargain it made with Sears in 1991.

Ethics Roundtable: Current Issues in Bankruptcy Practice

After 180 Days, Confirmation Can’t Be Vacated, Even for the Best of Reasons

Federal Rule 60(b) can’t ‘end run’ Section 1144, Bankruptcy Judge Kimball holds.

District Court Narrowly Reads a Nondebtor Release in a Sale-Approval Order

A potential bidder wasn’t barred from suing the successful bidder outside of bankruptcy court.

District Court Orders Arbitration of All Noncore Claims, Reversing the Bankruptcy Court

Absent ‘concerns peculiar to bankruptcy’ when there is an arbitration clause, the district court followed Henry Schein by saying that the bankruptcy court should have allowed arbitrators to decide which claims are arbitrable, or not.

Not just Maple Syrup and Hockey: Tips and Tricks from North - Developments in Canadian Law that could be imported to the US The focus of the panel would be to identify uniquely Canadian distressed deal structures and litigation techniques that could be imported to the American restructuring practice. Would cover developments from coast to coast by including at least 3 Canadian practitioners from the West Coast, Central Canada and Quebec would be selected once the audience was determined. For example key points would be: could you get a reverse vesting order under Chapter 11? Practictioners will learn new techniques and strategies unique to Canada. Business Natasha MacParland nmacparland@dwpv.com Davies Ward Phillips & Vineberg LLP