vol 18, num 1 | January 2023
 
 
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Commercial &
Regulatory Law
 
AN ABI COMMITTEE NEWSLETTER
 
 
Visit the Commercial and Regulatory Law Committee page
 
 
► IN this issue:
 
 
 
Recent Committee Happenings
Jeffrey K. Garfinkle
 
Jeffrey K. Garfinkle
Buchalter
Irvine, Calif.
 
John G. Loughnane
 
John G. Loughnane
White and Williams LLP
Boston
 
 
Paper Plane Cocktails, Anyone?
On Sept. 14, the Commercial and Regulatory Law Committee hosted a well-attended ABI Virtual Happy Hour. The committee had a “treat” for everyone who attended, in the form of a drink recipe for attendees to try: the Paper Plane Cocktail. This simple drink recipe, found in Bon Appétit, makes two servings and requires 1½ ounces each of of amaro (preferably Nonino), Aperol, bourbon and fresh lemon juice, strained. To make, combine all the ingredients in a cocktail shaker, fill with ice and shake vigorously for about 20 seconds until the outside of the shaker is frosty. Strain the mixture into two coupe glasses. See the original recipe here.

Committee Presentation at WLC
The Commercial and Regulatory Law Committee next presented a panel with the Emerging Industries & Technology Committee at ABI’s Winter Leadership Conference in December titled, “Who Has the Energy? Restructuring Trends in an Ever-Changing Industry.” Panelists Omar J. Alaniz (Reed Smith LLP; Dallas), Hon. David R. Jones (U.S. Bankruptcy Court (S.D. Tex.); Houston), Angela M. Libby (Davis Polk & Wardwell LLP; New York) and Kate Scherling (Quinn Emanuel Urquhart & Sullivan LLP; New York) discussed the latest trends in the wind, coal, and oil and gas industries that have dominated the headlines, with special emphasis on new regulatory issues and changes in the energy market.

Last, but Not Least…
The committee leadership wishes you and your loved ones a very happy holiday season, and looks forward to your continued involvement in the New Year!
 
 
 
 
Federal Income Tax and the Financially Troubled Corporation
Richard D. Liebman
 
Richard D. Liebman
BDO LLP
Chicago
 
 
A financially troubled corporation confronts many issues, including those raised by federal income tax law. While relevant income tax law is based on a few policies that are relatively simple to summarize, implementation of these policies drives significant complexity.

This article discusses the policy framework first, then provides a brief overview of some of the most significant issues that arise from implementing the policy framework. The goal is to provide bankruptcy counsel who do not specialize in federal income tax a general understanding of why effective income tax planning is so important to corporations reorganizing in bankruptcy or out of court.

 
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Crypto as Kryptonite: The Great Meltdown of 2022
Thomas J. Salerno
 
Thomas J. Salerno
Stinson LLP
Phoenix
 
 
“It’s like déjà vu all over again.” — Yogi Berra

I’m a creature of habit, to be sure. It wouldn’t be the holidays without talking about a classic holiday movie: Frank Capra’s 1946 classic It’s a Wonderful Life. It’s the story of George Bailey, who inherits the Bailey Building & Loan Association founded by his father in the 1940s, and who forgoes his dreams of traveling the world to instead help the multicultural residents of fictional Bedford Falls, N.Y., realize the dream of home ownership.

What does any of this have to do with the recent, dizzying crash of many crypto exchanges and the resulting staggering loss of value of this phantom currency? If there’s any maxim that stands the test of time for me in 40 years of law practice, it is that history will repeat itself; the vignettes that flash across the economic landscape will just take different forms.
 
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