The recent bankruptcy filings by several major crypto platforms have given rise to unexpected realities for customers and investors. The sudden change in rights, legal exposure in bankruptcy litigation and varying outcomes in the several different proceedings can be reminiscent of a Hollywood Continue Reading
Key Influences on the Cannabis Market in 2023
2023 may create the harshest conditions yet for the cannabis industry. The economy was already expected to be a challenge to profitability and now turmoil in the banking sector may further distract Congress from passing meaningful marijuana banking legislation, continuing to limit access to Continue Reading
It Could Happen Again: What to Know If There is Another Bank Failure
Prompted by the collapse of Silicon Valley Bank (SVB) on March 10, 2023, depositor fear has spread to thousands of other regional and community banks across the nation, despite extraordinary measures taken by the federal government to stabilize the U.S. banking system. Should additional Continue Reading
Reuters Legal News | Clawback to the Future: Avoidance Actions in Crypto Bankruptcies
When the history books are written, it may be said that the biggest event to shake the crypto world was not the crypto bankruptcies of 2022, but rather, the clawback of billions of dollars in crypto value in those bankruptcies. Since summer 2022, five major crypto companies have filed bankruptcy: Continue Reading
New Regulations, New Bankruptcy Law will be FTX’s Legacy
Bloomberg Law | Madoff, MF Global Offer Guidance as FTX Faces CFTC in Bankruptcy
Joseph Cioffi was quoted in a Bloomberg Law article, "Madoff, MF Global Offer Guidance as FTX Faces CFTC in Bankruptcy." Continue Reading
State of Play: Crypto Regulations in the Wake of the FTX Collapse
The course of regulatory reform in the U.S. related to digital assets is likely about to change as a result of the allegations against Sam Bankman-Fried and FTX affiliated entities in bankruptcy. Prior to FTX’s bankruptcy, and with Bankman’s support, the industry was gaining traction in promoting Continue Reading
Association of Insolvency & Restructuring Advisors Advanced Restructuring & Plan of Reorganization Conference | Digital Assets and Investors in Distress
On November 14, Joseph Cioffi, Davis+Gilbert Insolvency + Finance chair, will speak on a panel at Association of Insolvency & Restructuring Advisors (AIRA) 21st Annual Advanced Restructuring & Plan of Reorganization Conference, during a session entitled, "Digital Assets and Investors in Continue Reading
When a Commercial Tenant Files Bankruptcy: What Landlords Need to Know
The rapid outbreak of the novel coronavirus (COVID-19) has caused widespread business disruptions. Bankruptcy cases will likely be on the rise as a result, particularly in hard-hit, consumer-facing industries like retail, which has already seen the recent bankruptcy filings of Payless Shoes, Continue Reading
Trademark License Rights Survive Rejection in Bankruptcy
The Bottom Line The Mission Product decision should resolve uncertainty created by the circuit split between the First Circuit and Seventh Circuit decisions. The Supreme Court’s ruling should also reassure trademark licensees that should their licensor end up in bankruptcy, absent contract terms Continue Reading