Brian L. Davidoff

Chair, Bankruptcy, Reorganization & Capital Recovery
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Bankruptcy & Insolvency Blog

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Wisdom and Wit About the World of Bankruptcy & Insolvency

When to Consider Acquiring a Distressed Company

Lessons for Health, Beauty & Wellness Companies [Part 3]
In this short, three-part video series, Greenberg Glusker Partners Andrew Apfelberg and Brian Davidoff discuss important financial considerations for health, beauty and wellness companies in the wake of a pandemic. Part three looks at when to consider acquiring a distressed company, including the options on the table, the risks...
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What Options Exist for a Vendor During Bankruptcy

Lessons for Health, Beauty & Wellness Companies [Part 2]
In this short, three-part video series, Greenberg Glusker Partners Andrew Apfelberg and Brian Davidoff discuss important financial considerations for health, beauty and wellness companies in the wake of a pandemic. Part two looks at what options exist for a vendor during bankruptcy, including what a preference is, how to...
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What Steps to Take When Your Buyer is Financially Distressed

Lessons for Health, Beauty & Wellness Companies [Part 1]
In this short, three-part video series, Greenberg Glusker Partners Andrew Apfelberg and Brian Davidoff discuss important financial considerations for health, beauty and wellness companies in the wake of a pandemic. Part one looks at what steps a company can take when their buyer is financially distressed, including warning signs...
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COVID-19 Uncovered

Last week I posted an article about the difficulty for restructuring professionals to predict the environment into which they are trying to "right size" the companies they are working with. What will the industry look like in 2, 3 and 4 months? How much overhead do you need to...
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Will Hollywood find a special place in a government coronavirus bailout?

Variety asked my views on that recently. I don't think so. While the crisis is evolving on a day-by-day and hour-by-hour basis, I think that any financial relief to Hollywood will be more generic. Every industry that has been hard hit by the virus has its hands out to...
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Nunc Pro Tunc Anyone?

On February 24, 2020, the United States Supreme Court ruled in a case Roman Catholic Archdiocese of San Juan v. Feliciano in connection with removal of a state court matter to Federal court, something that may have a significant effect on bankruptcy practice. The Court stated: "Federal courts may...
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Producers Beware: What happens when your movie distributor files bankruptcy?

The Issue There has been written a plethora of articles about Bankruptcy Code §365(n) regarding the rights of parties to license agreements when the licensor files bankruptcy and rejects a license agreement. Generally, Code Section 365(n) allows the licensee to “accept” a rejection of a license agreement by the...
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Litigation Funders Find Opportunity in Bankruptcy

Published in the Daily Journal on January 27, 2016 Greenberg Glusker partner Brian Davidoff, was quoted in a January 27, 2016, article by Daily Journal reporter Steve Creighton on the opportunities for litigation funding of adversary cases in bankruptcy.  The article discusses the current bankruptcy climate, the looming increase of bankruptcies and how...
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Greenberg Glusker Guides Imaging3, Inc. Through Multiple Bankruptcy Appeals

Published in the Los Angeles Business Journal on January 18, 2015 Imaging3, Inc., a Burbank-based medical technology developer, emerged from Chapter 11 bankruptcy in 2013 after the reorganization plan that would convert the company’s debt to equity was approved by the court. The company faced several setbacks when a...
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Experts: Drought Could Reverse Downturn in Bankruptcies

Greenberg Glusker Fields Claman & Machtinger LLP partner Brian Davidoff was quoted in an article that ran in the Los Angeles Daily Journal on July 31 st  about current predictions that the bankruptcy industry will soon see a spike in bankruptcy cases as a result of the state’s ongoing...
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“Wellness” Has Made Us Better

On Thursday I published a blog article entitled Will “Wellness Make Us Better?, in which I posed the question of whether or not the U.S. Supreme Court would finally rule on whether or not bankruptcy courts can, in  Stern  type cases, enter a final judgment with the consent of the...
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Will “Wellness” Make Us Better?

The United States Supreme Court will hand down its decision in the next few weeks in the case of  Wellness Int’l Network, Ltd. v. Sharif (“Wellness”) , 727 F.3d 751 (7th Cir. 2013) regarding bankruptcy courts’ jurisdiction.  The jurisdictional quagmire is a major and growing virus in the bankruptcy...
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Law Firm “Clawback” Suit Goes to Ninth Circuit

Bankruptcy Judge Dennis Montali in San Francisco said last week that he will allow a direct appeal to the Ninth Circuit from one of his rulings in the bankruptcy of Howrey LLP, skipping an intermediate appeal to the U.S. District Court.  The judge relied on  Jewel v. Boxer  — a...
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Mind the Statutory Gap (aka A Jurisdictional Mess)

As we all know, on June 9 of this year, the Supreme Court issued its long-awaited decision in  Executive Benefits Ins. Agency vs. Arkison , 134 S. Ct. 2165, 189 L. Ed. 2d 83 (2014), which we had hoped would resolve the open questions arising from  Stern v. Marshall...
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What’s Up for Restructuring Professionals in 2014?

Filings are Down Commercial bankruptcy filings were down by 28% in 2013 over the prior period in 2012, and overall bankruptcy filings dropped 15%, putting the country on the lowest level of petitions since 2007 according to figures released by the American Bankruptcy Institute.  The data, compiled by Epiq Systems...
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