The infamous Bitfinex hack is back in the public eye. Forget the Netflix show, the real drama is the actual fight over who is entitled to restitution. Account holders may have given up years ago, but they now have a chance to recover their stolen Bitcoin, though Bitfinex stands in the way. In this article for Reuters Legal News and Westlaw Today, Joseph Cioffi and his co-authors discuss the...
The recent bankruptcy filings by several major crypto platforms have given rise to unexpected realities for customers and investors. The sudden change in rights, legal exposure in bankruptcy litigation and varying outcomes in the several different proceedings can be reminiscent of a Hollywood multiverse where infinite realities are possible. Perhaps the area in which an alternate reality is most...
The benefits afforded debtors in bankruptcy are so compelling that businesses have initiated bankruptcy proceedings without experiencing insolvency or imminent financial distress. But do such businesses have the right to do so? With no express guidance under the Bankruptcy Code, and no bright line ruling from the courts, the door is open for creditors to challenge bankruptcy cases filed in these...
Although marijuana is now legal for recreational or medical use in 37 states, it is still a federal crime to grow, sell or possess marijuana. With Congress unable to come to an agreement on marijuana's legal status, the Biden administration has been considering other means at its disposal to change its legal status. Following the recommendation from the U.S. Food and Drug Administration last...
If the days of “extend and pretend” actually come to an end for commercial real estate loans this year, there will be a greater focus on investors’ rights to information regarding troubled properties.
New York's recreational cannabis industry has the potential to be a multibillion-dollar industry. Yet, in the first year of legality, New York cannabis is struggling to generate the expected tax revenues for the state government, with a meager $70 million in legal sales as of August. This may come as a surprise to New Yorkers, who have become accustomed to seeing dispensaries on virtually every...
Adverse market conditions and lower valuations are creating litigation risks for commercial real estate (CRE) deal parties, particularly in the office sector. At the same time, opportunities exist for refinancing and a rebound in value where regulations can be eased or adapted to help CRE survive and thrive through the post-pandemic storm.
