News & Publications

Third-party litigation funding is a multibillion-dollar U.S. industry in which investors help litigants and law firms pay legal fees and expenses in exchange for a return from a winning case or cases. It seems a natural fit in bankruptcy matters, with creditors vying for limited resources and liquidity-constrained debtors seeking a lifeline to preserve whatever value remains in their enterprises. So, what role does litigation finance play in today's bankruptcy world? And what role will [...]

In their article for the Journal of Bankruptcy Law titled "US Supreme Court Rules on Purdue Pharma Chapter 11 Plan: No Authorization for Release of Nonconsensual Claims Against Third Parties," Schulte Roth and Zabel partner Doug Mintz and associate Reuben Dizengoff examine a significant bankruptcy ruling by the US Supreme Court. In a highly anticipated ruling, the US Supreme Court has ruled that the Bankruptcy Code does not authorize the release of claims against non-debtors without the consent of [...]

Davis+Gilbert's Subprime Auto Loan Risk Chronometer has not signaled significant market risk for some time, but new litigation has commenced that is of the type that had been anticipated and may be an indication of what is to come if the labor market deteriorates further and contributes to weaker performance. In litigation recently filed in federal court in California, a group of noteholders in a 2022 subprime auto loan ABS transaction have brought suit against underwriter Credit Suisse Securities. [...]