News & Insights
Stay up-to-date about the latest developments in bankruptcy, commercial litigation and business transaction law, as well as news involving The Dragich Law Firm.
Asset-Backed Finance and Its Risks For Suppliers and Customers
Asset-backed finance (“ABF”) is expanding rapidly as companies look for liquidity and private credit funds look for yield. Instead of lending against a company’s overall performance, ABF loans 
Michigan Court of Appeals Reaffirms Enforceability of Percentage-Based Requirements Contracts—Supreme Court to Review
On May 14, 2025, the Michigan Court of Appeals issued an important decision for OEMs and suppliers navigating long-term automotive supply agreements. In FCA U.S. LLC v. Kamax Inc., the Court held
David Dragich Article on How CFOs Can Protect Their Company Amid Rising Bankruptcies Published by CFO.com
Corporate bankruptcies are rising fast. The distress is occurring across industries, including manufacturing, services, transportation and retail. A distressed customer creates cascading risks for a
Debt, Taxes, and Limited Options: The Cannabis Industry Faces a Reckoning in 2026
After years of rapid expansion and record sales, the U.S. cannabis industry is approaching a critical financial juncture. The largest multi-state operators are carrying an estimated $6 billion in
When State Receiverships Cross State Lines: Lessons from the Third Circuit’s Whittaker Clark & Daniels Decision
A recent Third Circuit opinion highlights two recurring issues for state court receivers and their counsel:
1. The limits of a receiver’s authority to commence or oppose bankruptcy
Secondary Liability Risks for Private Equity Funds in Portfolio Company Wind-Downs
Private equity funds typically structure investments with the expectation that liability will be contained at the portfolio company level. When a business fails, the fund may lose its investment, but
Dragich Law Firm Prevails in Michigan Court of Appeals on Key Receivership Issues in Skymint Case
On August 26, 2025, the Michigan Court of Appeals issued a published opinion in the Skymint receivership, ruling in favor of the court-appointed receiver Gene Kohut—represented by The Dragich Law
Honorable Burial: When Winding Down a Portfolio Company is the Best Restructuring Option
Not every business can be fixed or sold. When a portfolio company is no longer viable, private equity firms are often faced with a tough but necessary choice: shut it down.
In these situations, a
April 2025: Recent Developments in Corporate Bankruptcy and Restructuring
In an effort to keep you apprised of what’s happening in the realm of bankruptcy and restructuring, here are several recent developments to be aware of.
1. Corporate bankruptcy filings in April
David Dragich Article on Tariff Volatility and Restructuring Published by CFO.com
Amid the unpredictability and volatility of U.S. tariffs, businesses previously buoyed by easy credit and low interest rates now face tightening liquidity, higher borrowing costs, and strained supply