Search

The Third Circuit has a reputation as being a “plain meaning” court—meaning that it strictly construes and applies the words of a statute. Its January 19, 2024, opinion in In re FTX Trading Ltd., No. 23-2297 (3rd Cir. Jan. 19, 2024) (“ FTX”) is an example. The relevant facts in the “highly complex”...

“PFAS” is an acronym for per- and polyfluoroalkyl substances, a family of thousands of widely used manmade chemicals that resist grease, oil, water and heat. PFAS has been used in firefighting foams, protective coatings and stain-resistant garments and carpets. PFAS are mobile and persistent; they...

As always, the State Legislature had much to say about employers in the state. While the new laws impose expansive obligations on employers, it could have been worse: many onerous laws either did not pass or were not signed by the Governor. Except as indicated below, the new laws become effective...

A previous article discussed the rising prevalence of mediation in large chapter 11 bankruptcies, especially its use in previously rare scenarios such as plan confirmation. Part II considers a more traditional mediation topic: adversary proceedings.