Recent Publications - Stuart I. Gordon


Gordon and Spero Publish LexisNexis Emerging Issues Analysis
August 18, 2017 | Stuart I. Gordon | Matthew V. Spero | Bankruptcy
Stuart Gordon and Matthew Spero have published an LexisNexis Emerging Issues Analysis on “Supreme Court Rejects ‘Structured Dismissals.’ Now What? Click here to read the analysis. …
Read More
Supreme Court Rejects ‘Structured Dismissals.’ Now What?
July 25, 2017 | Stuart I. Gordon | Matthew V. Spero | Bankruptcy
Stuart Gordon and Matthew Spero’s article, “Supreme Court Rejects ‘Structured Dismissals.’ Now What?”, appeared in the July/August issue of Pratt’s Journal of Bankruptcy Law. To read the article, click here. …
Read More
Gordon Interviewed by LIBN
May 15, 2017 | Bankruptcy
Stuart Gordon was featured in the May 12, 2017, Long Island Business News article, “New Life on Lease,” which explains how retailers going through a bankruptcy can derive value from below-market leases. “Retailers can utilize the provisions of the bankruptcy code to maximize value for the benefit of their creditors, from among other assets, leases,” …
Read More
Pre-Petition Waivers of Bankruptcy Protection: Typically Unenforceable
May 10, 2017 | Bankruptcy
Stuart Gordon and Matthew Spero have published an article in Pratt’s Journal of Bankruptcy Law entitled, “Pre-Petition Waivers of Bankruptcy Protection:  Typically Unenforceable.” Click here to read the article. …
Read More
U.S. Supreme Court Upholds the Priority Scheme in Structured Dismissals
April 5, 2017 | Bankruptcy
In a rare instance where certiorari is granted in a bankruptcy case, on March 22, 2017, the United States Supreme Court rendered a crucial and fundamental decision that significantly affects the ability of parties to a Chapter 11 bankruptcy case to deviate from the priority distribution scheme set forth in the Bankruptcy Code under 11 …
Read More
Excess Policies Required Actual Payment of Underlying Limits Before Coverage Was Triggered, N.Y. Bankruptcy Court Rules
July 7, 2016 | Bankruptcy
A federal bankruptcy court in New York, overseeing the case of a debtor facing approximately 275,000 asbestos-related personal injury claims, has ruled that the debtor’s underlying insurance policies must be exhausted by actual payment before its excess insurance policies are triggered. The bankruptcy court’s decision, in In re Rapid-American Corp., Case No. 13-10687 (SMB), Adv. …
Read More
The Reach of the Automatic Stay in Bankruptcy: Far, But Not that Far
December 10, 2015 | Bankruptcy
When a corporation or individual files for bankruptcy protection, a self-executing “automatic stay” takes effect under Bankruptcy Code Section 362[i] that prohibits a wide range of acts or proceedings “against the debtor” that could have been taken before the filing of the bankruptcy case. As provided in Section 362, these include (1) the commencement or …
Read More
Insurance Coverage Claims are “Non-Core,” New Jersey Bankruptcy Court Confirms
June 30, 2015
  A New Jersey Bankruptcy Court recently confirmed that questions of insurance coverage arise under state law and typically are not core matters subject to being resolved by bankruptcy courts. The authors of this article discuss the decision and its implications. A New Jersey bankruptcy court, in In re John A. Rocco Co., Inc.,1 has …
Read More
A Seller’s Remedy, But With Limitations
September 30, 2013 | Corporate
Nearly a decade ago, Congress amended the U.S. Bankruptcy Code to add a new section that was intended to benefit sellers of goods to failing or financially distressed companies. Under this new provision, Bankruptcy Code Section 503(b)(9), a seller of goods is entitled to an “administrative expense claim,” for the goods sold and received by …
Read More
Courts Divide Over Intellectual Property Licensee’s Rights When Bankrupt Licensor Rejects License
April 30, 2013 | Intellectual Property | Insurance Coverage | Corporate
Celeste M. Butera, a partner in the firm’s Insurance Coverage & Litigation and Intellectual Property Practice Groups and Stuart I. Gordon and Matthew V. Spero, members of the firm’s Corporate & Commercial Practice Group, co-authored, “Court’s Divide Over Intellectual Property Licensee’s Rights When Bankrupt Licensor Rejects License,” which appeared in the April/May 2013 issue of Pratts …
Read More
Courts Divide Over Intellectual Property Licensee’s Rights When Bankrupt Licensor Rejects License
April 1, 2013 | Intellectual Property | Insurance Coverage | Corporate
Suppose that a company licenses a trademark ? or some other form of intellectual property ? from a company that owns a trademark (the “licensor”), the licensor files for bankruptcy protection, and the bankruptcy trustee exercises its rights under the Bankruptcy Code to “reject” (i.e., breach) the trademark license. What are the licensee’s rights and …
Read More
Bankruptcy Law v. Employment Discrimination
July 31, 2010 | Corporate
Please click the link below to view the Bankruptcy Law v. Employment Discrimination. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install. Bankruptcy Law v. Employment Discrimination …
Read More

Legal updates and news delivered to your inbox