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Business Restructuring Review | May–June 2021 | Jones Day

In This Issue: In In re Orexigen Therapeutics, Inc., 990 F.3d 748 (3d Cir. 2021), the U.S. Court of Appeals for the Third Circuit ruled as a matter of first impression that triangular setoff does not satisfy the Bankruptcy Code s mutuality requirement. Should Equitable Mootness Bar Appeals Only of Chapter 11 Plan Confirmation Orders? As demonstrated by a ruling recently handed down by the U.S. District Court for the Northern District of Texas, courts disagree on whether equitable mootness should apply only to appeals of plan confirmation orders. In Harden Healthcare LLC v. OLP Wyoming Springs LLC (In re Senior Care Centers, LLC), 2021 WL 632779 (N.D. Tex. Feb. 18, 2021), the district court affirmed a bankruptcy court order approving a settlement reached in connection with a sale transaction. In so ruling, the court held that the appeal was neither equitably nor statutorily moot, noting that, according to Fifth Circuit precedent, equitable mootness should not be expanded i

Business Restructuring Review | May–June 2021 - Insolvency/Bankruptcy/Re-structuring

In This Issue: In  In re Orexigen Therapeutics, Inc., 990 F.3d 748 (3d Cir. 2021), the U.S. Court of Appeals for the Third Circuit ruled as a matter of first impression that triangular setoff does not satisfy the Bankruptcy Code s mutuality requirement.  Should Equitable Mootness Bar Appeals Only of Chapter 11 Plan Confirmation Orders? As demonstrated by a ruling recently handed down by the U.S. District Court for the Northern District of Texas, courts disagree on whether equitable mootness should apply only to appeals of plan confirmation orders. In  Harden Healthcare LLC v. OLP Wyoming Springs LLC (In re Senior Care Centers, LLC), 2021 WL

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Peter Chavkin Listed Among Top 30 U S Lawyers for White Collar Crime by Euromoney

Peter Chavkin Listed Among Top 30 U.S. Lawyers for White Collar Crime by Euromoney Mintz is pleased to announce that Peter A. Chavkin , Co-chair of the firm’s White Collar Defense & Government Investigations Practice, has been recognized in Euromoney’s Expert Guides : Best of the Best USA 2021, which ranks him among the top 30 U.S. practitioners for white collar crime. A special report featuring his selection, and the other top 30 lawyers across 18 practices, was published in the spring. Mr. Chavkin is a preeminent white collar defense attorney who specializes in assisting individuals facing charges or investigations, particularly those involving allegations of finance, health care, and art fraud, political corruption and antitrust violations. His clients have included numerous American political figures, domestic and foreign corporate executives, and diplomats. His cases have involved the application of OFAC sanctions, responding to Congressional and criminal inv

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