To the Extent That...

Host Gary J. Ross and Delaware corporate lawyer Lisa Stark of Hirschler Fleischer discuss recent litigation developments affecting venture-backed companies. Lisa explains the Delaware Supreme Court’s decision in Moelis and the enactment of DGCL Section 122(18), which authorizes many of the stockholder agreement provisions previously held invalid. Gary and Lisa then discuss Zync, Inc. v. Porsche Investments, in which a corporate venture investor interfered with a startup’s financing efforts. They conclude with CIBC Bank USA v. Barker, involving a company rejecting reasonable acquisition offers due to the preferred stock’s liquidation preference.

In this episode of Business Bankruptcy Basics, hosts Andrew Still and Ella Vincent welcome Professor Robert Miller of the University of South Dakota School of Law to discuss how a chapter 11 debtor funds its case and operations. Professor Miller explains the difference between cash collateral and debtor-in-possession (DIP) financing, and why liquidity matters. He also discusses how a debtor gets court approval to use each source of funding and how the financing terms can shape the course of the case. Tune in for a practical introduction to cash collateral and DIP financing.

The content of the “Business Bankruptcy Basics” podcast, including any statements made by its hosts or guests, is provided for educational purposes only. This podcast is not intended to be, nor should it be relied upon as, legal advice. Listening to this podcast does not create an attorney-client relationship.

The views and opinions expressed in this podcast are solely those of the hosts and guests and do not reflect the positions or opinions of their employers or any organizations with which they may be affiliated.

For legal guidance, please consult a qualified attorney.

Dan Taylor is the Arthur Andersen Chaired Professor of Accounting at Wharton and director of the Wharton Forensic Analytics Lab. He is one of the world's leading empirical researchers on insider trading, and his work has an unusual record of moving federal policy. His 2021 paper identifying three red flags of 10b5-1 abuse was cited by the SEC in its proposed rulemaking and drove the full 2022 rewrite of Rule 10b5-1. He testifies before the Senate, consults with the DOJ Fraud Section, and in 2026 was retained by Kalshi to build out insider-trading surveillance for prediction markets.

On this episode Dan explains why he argues that foreign-domiciled insiders at US-listed companies were quietly dumping stock for years and how his research led to Congress to pass the Holding Foreign Insiders Accountable Act, and why he believes the next frontier of enforcement is prediction markets. If you want to see what happens when a data scientist goes to court, this is it.

Host Gary J. Ross speaks with Karl Cole-Frieman of Cole-Frieman & Mallon LLP about forming and operating funds investing in digital assets. Karl discusses his firm’s early work with crypto funds and explains that most crypto funds generally resemble hedge funds, though with some unique challenges. Karl explains the difficulties of applying the SEC’s Custody Rule when tokens cannot be held by a qualified custodian, and the use of self-custody. Gary and Karl also discuss commodities issues such as CPO registration and the CFTC’s off-exchange trading rule, as well as the challenges U.S. managers face when seeking access to non-U.S. crypto exchanges.

In the Season Two premiere of Business Bankruptcy Basics, hosts Miles Taylor and Ella Vincent welcome the Honorable Christopher M. Alston, Chief Judge of the U.S. Bankruptcy Court for the Western District of Washington, for an accessible overview of the chapter 11 process. Judge Alston explains the life cycle of a case, from filing to emergence from bankruptcy. The conversation also examines the roles of key stakeholders and the different ways a chapter 11 case may conclude. Tune in for a clear roadmap of how the pieces of a chapter 11 case fit together.

The content of the “Business Bankruptcy Basics” podcast, including any statements made by its hosts or guests, is provided for educational purposes only. This podcast is not intended to be, nor should it be relied upon as, legal advice. Listening to this podcast does not create an attorney-client relationship.

The views and opinions expressed in this podcast are solely those of the hosts and guests and do not reflect the positions or opinions of their employers or any organizations with which they may be affiliated.

For legal guidance, please consult a qualified attorney.

Join us to celebrate the federal trial bench and to hear from Bankruptcy Judge David Jones, of the US Bankruptcy Court for the Southern District of New York, as he describes his path to the bench, including two years as a law clerk to US District Judge Morris Lasker, four years in private practice as a litigator, and nearly twenty-five years as an Assistant United States Attorney in the Southern District of New York doing civil trial and appellate work, including in some of the largest and most complex corporate restructurings ever filed. Judge Jones also offers his perspective on how to have a good day in his courtroom, and what missteps to avoid.

Join us to celebrate the federal trial bench and to hear from Bankruptcy Judge Laura Kulm Ask, of the US Bankruptcy Court for the District of South Dakota, as she describes her path from a leading role in the South Dakota bankruptcy bar to the bankruptcy bench. Judge Kulm Ask shares her insights on how her years in practice prepared her for her new role, and on what it’s like to serve as the sole bankruptcy judge in a single-district state. Judge Kulm Ask also offers her views on how to have a good day in her courtroom, and what missteps to avoid.

In this bonus episode, host Ella Vincent is joined by Maegan Quejada, Jessey Krehl, and Elizabeth Castano to revisit three topics from earlier this season: the automatic stay, section 363 sales, and claims in bankruptcy, all from a practical perspective. Guests discuss these issues from opposing sides of the table and offer tips for associates handling them for the first time.

The content of the "Business Bankruptcy Basics" podcast, including any statements made by its hosts or guests, is provided for educational purposes only. This podcast is not intended to be, nor should it be relied upon as, legal advice. Listening to this podcast does not create an attorney-client relationship.

The views and opinions expressed in this podcast are solely those of the hosts and guests and do not reflect the positions or opinions of their employers or any organizations with which they may be affiliated.

For legal guidance, please consult a qualified attorney.

Welcome to episode 2 of Gameday, a four-part series presented a four-part series presented by the ABA Business Law Section about the landmark House v NCAA class action settlement, and how litigation has shaped and continues to shape Future of Law and College Athletics. Join host Fritz Metzinger for a deep dive into the House settlement's terms and a deep dive of the helter-skelter first year of the House era, as the settlement's new revenue sharing and third-party NIL rules went into effect—and promptly stoked controversy.

Jesse Jensen, Partner in Labaton Keller Sucharow's Securities Litigation Practice, joins the show for a plaintiff-side look at how major securities fraud cases actually get built. Jesse walks through the Silicon Valley Bank collapse and the class action that followed, the EQT Corporation case, and the methodology his team uses to spot red flags, run an investigation, and integrate forensic accountants and damages experts into the case theory. We close with a look at current trends in securities class actions, drawing on Cornerstone Research's latest data on filing volumes, emerging claim types, and the central role of institutional investors. Jesse has been part of teams that have recovered over $1 billion for investors and was named to Lawdragon's 500 Leading Plaintiff Financial Lawyers.