News & Publications

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 [...]

The U.S. Supreme Court upholds the contentious Mandatory Repatriation Tax (MRT), affirming the government's stance on the constitutionality of one of the most debated elements of the 2017 Tax Cuts and Jobs Act. The financial and legal communities have closely followed this case since December of 2023, when the Supreme Court heard oral arguments from Charles G. Moore (the petitioner) and the United States of America (the respondent) regarding the constitutionality of the MRT. On [...]

On July 19, 2024, the U.S. Court of Appeals for the Second Circuit in New York ruled that an arbitral tribunal formed under the auspices of the International Centre for the Settlement of Investment Disputes (ICSID) is not a “foreign or international tribunal” under 28 U.S.C. § 1782, a federal law that allows discovery from persons residing or found in the United States in aid of foreign proceedings.1 This decision limits access to U.S. discovery tools [...]