Bankruptcy

Expert Analysis

• The State Of Creditor Recovery Efforts In Venezuela: Part 2

  

  The next several weeks may shed a great deal of light on how vulnerable Venezuela and its state-owned oil company PDVSA are to creditor collection efforts. Bondholders should also closely monitor developments in the U.S. bribery suit brought by the PDVSA U.S. Litigation Trust, say Richard Cooper and Boaz Morag of Cleary Gottlieb Steen & Hamilton LLP. 

• The State Of Creditor Recovery Efforts In Venezuela: Part 1

  

  There is a large pool of creditor claims against Venezuela and its state-owned oil company PDVSA that are not yet in litigation. Until recently, creditors had little incentive to litigate, but that may be changing for two reasons, say Richard Cooper and Boaz Morag of Cleary Gottlieb Steen & Hamilton LLP. 

• Opinion

  Why Widespread Use Of Live Video Testimony Is Not Justified

  

  Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

• Series

  Judging A Book: Wallach Reviews 'Uncivil Warriors'

  

  "Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.

• Structured Finance Is Safe Despite Merit Ruling

  

  While the U.S. Supreme Court’s decision in Merit Management v. FTI Consulting seemingly narrowed the reach of the Section 546(e) safe harbor, it did little to change the landscape for the multibillion-dollar U.S. structured finance industry, including warehouse lending structures, say J.R. Smith and Shannon Daily of Hunton Andrews Kurth LLP.

• BigLaw Blogs In A Post-GDPR Marketing Universe

  

  Connecting with potential prospects is now more challenging due to the EU General Data Protection Regulation, meaning that law firm microsites, blogs and social media will become more valuable than ever. The firms that deploy them strategically will increase their relative visibility and accelerate the rebuilding of their opt-in distribution lists, says Stephan Roussan of ICVM Group.

• 9th Circ. Rejects Textualist Approach To Bankruptcy Code

  

  The Ninth Circuit's recent decision in Lee v. Field indicates that the court will adopt a commonsense interpretation of the Bankruptcy Code, closer in line to the practical rulings made by bankruptcy courts than those of the U.S. Supreme Court, says Steve Werth of SulmeyerKupetz.

• Analyzing The Economics Of Litigation Funding

  

  The growth of litigation funding has only increased the controversy surrounding it. Looking to move beyond the rhetoric for and against the practice, attorney and investment analytics expert J.B. Heaton, of J.B. Heaton PC and Conjecture LLC, attempts an objective analysis of the underlying economics of the litigation funding arrangement.

• How We Got Here: A Look Back At Trailblazing Women In Law

  

  Today's female lawyers stand on the shoulders of several generations of pioneers. Here, historian Jill Norgren explains how the status of women in the legal profession has changed since the 1870s.

• Keys To Protecting Communications With Litigation Funders

  

  As different jurisdictions impose their own disclosure requirements regarding commercial litigation finance, there can be no “one size fits all” approach to ensuring confidentiality. But litigants, lawyers and litigation funders may be able to decrease disclosure risks through a handful of best practices, says Alan Guy of Vannin Capital.