Business Restructuring & Insolvency 2021 Annual Review

Former Judge James M. Peck has continued to attract a wide range of court-ordered and private mediation assignments. The public engagements include the successful resolution of avoidance actions in the Miami Metals chapter 11 case in the Southern District of New York and the Our Alchemy chapter 7 litigation in the District of Delaware asserting complex claims and defenses arising out of the failed acquisition of a digital media business. There is a discernable trend, however, in confidential engagements that fit within an emerging category of “synthetic bankruptcies”. We are involved currently in one such bespoke claim resolution process that is intended to achieve beneficial agreements between and among counterparties while avoiding the expense, delay, and potential value destruction of a formal bankruptcy case. We are unusually well positioned for other assignments in this new “synthetic” arena for liquidations and restructurings. Mediation MORRISON & FOERSTER | BRIG 2021 ANNUAL REVIEW 11 10 MORRISON & FOERSTER | BRIG 2021 ANNUAL REVIEW