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Expert Analysis

Highland Ch. 11 Remand Reinforces Gatekeeping Availability

By Evan Hollander, Daniel Rubens and David Litterine-Kaufman ( March 10, 2023, 4:50 PM EST) -- In an Aug. 31, 2022, article, we described a notable decision by the U.S. Court of Appeals for the Fifth Circuit concerning the bankruptcy of Highland Capital Management LP, which limited the permissible scope of plan provisions that shield third parties from liability for alleged misconduct during the bankruptcy proceedings.[1]...

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