A CRA expert was retained by defendants in a $7 billion Chapter 11 reorganization matter to opine on whether a difference in the debt financing terms of the restructuring was adverse to the equity plan investors (defendants) who sought a for-cause termination of their participation in the reorganization plan. The expert calculated the fair market value of the revised debt financing and demonstrated that the revised terms materially diminished the consideration that the client would receive in the transaction. On the basis of this testimony, the matter was settled favorably.
Who bore the tariff burden? Economics of IEEPA refund disputes
The refund question sits at the intersection of customs procedure, administrative law, but also economics, and resolution will likely vary significantly across...