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On June 27, 2024, the U.S. Supreme Court released its highly anticipated opinion in Harrington v. Purdue Pharma L.P., Case No. 23-124 (“ Purdue”). The question before the Court was whether the bankruptcy code lets a court approve, as part of a chapter 11 plan, a release that extinguishes claims held...

The Supreme Court’s opinion in Loper Bright Enterprises vs. Raimondo, explicitly overturning the Chevron precedent, which stood for forty years, is a fundamental change in administrative law and will have a profound effect on judicial review of future and pending securities rules. By changing the...

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”...

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.