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 In...

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 c...

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 rewr...

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 qua...

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 r...

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 D...

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...

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 "...

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 th...

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 account...

Host Gary J. Ross talks with Brian Huber, a fund partner in the Boston office of Gunderson Dettmer, about the end of a venture capital fund. Gary and Brian discuss fund terms and extensions, communicating with LPs, and options for dealing with illiquid portfolio companies when the fund’s time is up. They explore the choices managers face during the wind-down process, including whether to sell or d...

Welcome to Gameday, a four-part series presented a four-part series presented by the ABA Business Law Section about the first year following 2025's landmark House v NCAA class action settlement, and how litigation has shaped and continues to shape Future of Law and College Athletics. In this first episode, host Fritz Metzinger delves into the history of the NCAA's concept of amateurism, the legal...

In this episode of Bad Boys of Bankruptcy, host Judge Gunn talks with North Carolina attorney John C. Bircher, III, who served as a Chapter 7 trustee in the bankruptcy case of Gregory Sipe. Mr. Sipe filed a Chapter 7 bankruptcy case in the Eastern District of North Carolina in 2010, and listed on his schedules “several” collectible guitars that Mr. Sipe attested were worth a total of $50,000, but...

Business Bankruptcy Basics: Episode 7: Section 363 Sales by ABA Business Law Section

In this live-recorded episode of Bad Boys of Bankruptcy, Judge Elizabeth Gunn sits down in Boise, Idaho with longtime Chapter 7 trustee Ford Elsaesser to unpack one of the most unusual and high-profile cases of his career. The debtor, Richard Butler, was not just any Chapter 7 filer, he was the leader of the Aryan Nations, a white supremacist organization operating under the guise of a church. Aft...

Sy Lorne, Senior Advisor and former Vice Chair and Chief Legal Officer at Millennium Management as well as a former General Counsel of the SEC, joins the show for a wide-ranging conversation on the evolution of securities enforcement from the inside out. The headline topic is shadow insider trading — the SEC's push to extend liability to trades in economically related securities, what Panuwat actu...

Host Gary J. Ross welcomes Prof. Elizabeth Pollman of the University of Pennsylvania Carey Law School to discuss her influential article “Startup Failure.” Prof. Pollman first explains why bankruptcy is often a poor fit for venture-backed companies. Then, Gary and Prof. Pollman explore the alternatives that founders and boards frequently consider, from wind-downs and assignments for the benefit of...

In this episode of Business Bankruptcy Basics, hosts Andrew Still and Miles Taylor are joined by Judge Cathleen Parker (Bankr. D. Wyo.) and dive into one of the most fundamental goals of the bankruptcy process: obtaining a discharge. The episode covers what a discharge is and the concept of the "fresh start," key differences between Chapter 7 and Chapter 11 discharges, the major exceptions to disc...

Host Gary J. Ross and Jeremiah Gordon, General Counsel of CapitalG, discuss growth equity investing and legal issues that arise at the later stages of the venture capital lifecycle. Jeremiah tells Gary that CapitalG, Alphabet’s independent growth fund, operates differently from traditional corporate venture capital. Instead of investing to serve Google or Alphabet’s strategic needs, the fund partn...

Greg Varallo built one of Delaware’s most respected corporate defense practices over 36 years at Richards, Layton & Finger before crossing to BLB&G’s plaintiff side in 2019. He served as lead trial counsel in Tornetta v. Musk, the largest executive compensation case ever litigated. In December 2025, the Delaware Supreme Court affirmed liability but reversed the $55.8 billion rescission. Greg joins...

In Episode 5 of Business Bankruptcy Basics, hosts Ella Vincent and Andrew Still are joined by Judge Daniel P. Collins of the U.S. Bankruptcy Court for the District of Arizona to break down one of the most fundamental topics in bankruptcy: creditor claims. Judge Collins walks listeners through the surprisingly broad definition of a "claim" under the Bankruptcy Code and the key categories of secured...

Frank M. Placenti is a senior M&A and corporate governance lawyer who chaired the ABA Business Law Section's Corporate Governance Committee during the turbulent pandemic period. The centerpiece of this episode is a story Frank tells about a late-night call from an audit committee dealing with a rogue CEO who had engaged in insider trading and then concealed the resulting SEC investigation from bot...

Host Gary J. Ross and Mark Roderick discuss Regulation Crowdfunding (Reg CF), which originated with the JOBS Act. They walk through the mechanics of a Reg CF offering, including the role of crowdfunding platforms (termed “intermediaries”) and the Form C disclosure requirements. Mark highlights concerns with current practices, particularly overly burdensome financial statement requirements and the...

In this live episode of Bad Boys of Bankruptcy, Judge Elizabeth Gunn is joined by Sam Maizel and Andrew Troop to break down the Steward Healthcare Chapter 11, a case driven as much by personality as by financial engineering. At the center is Dr. Ralph de la Torre, a surgeon turned executive who helped build a hospital empire through private equity, aggressive expansion, and a controversial strateg...

In Episode 4 of Business Bankruptcy Basics, hosts Miles Taylor and Ella Vincent are joined by Rob Charles, a partner and leader in Womble Bond Dickinson's Bankruptcy and Creditors' Rights Practice Group, for an overview of one of the most powerful tools in bankruptcy: the automatic stay. Rob walks listeners through what the automatic stay is and who it protects, as well as the major exceptions to...