Finance & Banking Mergers & Acquisitions Bankruptcy

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Eighth Circuit Says Focus is on the Intent of the Debtor in Fraudulent Transfer Law, Does Not Address Ponzi Scheme Presumption

This case is the product of yet another dispute in the extensive, multi-billion dollar fraud perpetrated by Tom Petters. In 2005, as the sole board member of Petters Group Worldwide, LLC (“PGW”), Petters directed the...more

Tronox: The Weed that Choked a Flower – Lessons for Buyers on Remedies

As we noted in Parts 1 and 2 of this series, any buyer of assets from a company in any degree of financial stress should be concerned about the transaction being attacked as a fraudulent transfer. Officers and directors of a...more

Recent Developments in Acquisition Finance

Recent legal and regulatory developments have raised issues for those considering a loan-to-own acquisition strategy, and have continued to impact both the structure of highly leveraged financings and the makeup of those...more

Do You Know What is in Your Buyer’s Wallet?

In a recent ruling, the Ninth Circuit held that a seller was liable under the law of fraudulent conveyance to the bankruptcy trustee for the portion of the purchase price funded by a company controlled by the buyer, which was...more

Financial Services Weekly News Roundup - October 2014 #3

Editor’s Note - Looking Ahead: December 1 Effective Date for FINRA Consolidated Supervision Rules. The new FINRA Supervision rules, approved by the SEC in December 2013, become effective on December 1, 2014. The new...more

Recent Developments in Acquisition Finance

Several recent legal and regulatory developments in the U.S. will likely alter the makeup of the group of arrangers and financiers willing to arrange and provide financing for certain highly leveraged transactions, and also...more

Analysis of Recent Trends in Warranty Insurance in Private Equity M&A Transactions

Although Warranty Insurance in M&A transactions was a novelty product five to ten years ago, Warranty Insurance has now become an industry standard in Europe, largely thanks to its wide use by private equity firms who have...more

Distress in the Defense Industry: Opportunities and Obstacles

The U.S. defense industry is facing a new battle – financial distress. Withdrawal of U.S. forces from Afghanistan and Iraq combined with reductions in the defense budget and sequestration have taken a toll on many U.S....more

The Fisker Case and Its Impact on Distressed M&A

As is well known, the right to credit bid is the entitlement of a secured lender to bid the amount of its outstanding claims at the sale of its collateral. If the secured lender places the winning bid, no money is exchanged...more

Not Dead Yet? How BigLaw's Best Firms Are Finding Growth  [Video]

Apr. 2, 2014 (Mimesis Law) -- Kent Zimmermann, consultant to law firms for The Zeughauser Group, tells Lee Pacchia that despite years of negative press heralding the end of BigLaw's best years, there are tangible signs of...more

Identifying Further Restructuring Risks in Germany - Federal Court of Justice Clarifies Liability for Continuing the Business of...

The Financial Crisis, a difficult market situation and a tense liquidity status have led to remarkable difficulties for mid-sized businesses within the past years. Strategic and financial investors have and continue to...more

Private Equity Newsletter - Winter 2014: Recent Developments in Acquisition Finance

Several recent legal developments will likely impact acquisition finance. A recent decision of the U.S. Bankruptcy Court for the Southern District of New York examines who is an “Eligible Assignee” entitled to acquire...more

Bill on Bankruptcy: Big Time Lawyers Pricing Themselves Out [Video]

Dec. 19 (Bloomberg) -- Two significant Chapter 11 reorganizations in the Southern U.S. may be signs that lawyers in New York and Delaware are starting to price themselves out of the market, as Bloomberg Law's Lee Pacchia and...more

Bill on Bankruptcy: Madoff Victims Rooting for Stanford Victory  [Video]

Nov. 14 (Bloomberg) -- How the U.S. Supreme Court rules in a case involving the R. Allen Stanford Ponzi scheme may decide whether those defrauded by Bernard Madoff recover in full, as Bloomberg Law's Lee Pacchia and Bloomberg...more

Ecotality Files for Chapter 11 Bankruptcy

Ecotality Files for Chapter 11 Bankruptcy by Joel R. Glucksman on October 3, 2013 Ecotality, a green-energy company backed by the U.S. government, has followed in the footsteps of many other electric car battery...more

New York Tops List of Cities with Optimal Business Health

New York Tops List of Cities with Optimal Business Health by Joel R. Glucksman on October 1, 2013 Some municipalities are faring better than others in the health and vitality of their businesses and consumer spending. A...more

Moody’s: Energy Future Holdings in Danger of Bankruptcy

Moody’s: Energy Future Holdings in Danger of Bankruptcy by Joel R. Glucksman on September 24, 2013 Energy Future Holdings Corp. is facing a "high probability" of being forced to seek protection due to the danger of...more

Gov. Snyder Puts Positive Spin on Detroit Bankruptcy to Chinese Investors

Gov. Snyder Puts Positive Spin on Detroit Bankruptcy to Chinese Investors by Joel R. Glucksman on September 20, 2013 Local and state governments, as well as the federal government, are not the only ones closely watching...more

GateHouse Media Seeks Bankruptcy Protection

GateHouse Media Seeks Bankruptcy Protection by Joel R. Glucksman on September 19, 2013 GateHouse Media, Inc., a company that owns more than 400 community newspapers and websites, announced its plans to seek bankruptcy...more

Bill on Bankruptcy: Sex Doesn't Sell Enough to Avoid Bankruptcy  [Video]

Sept. 19 (Bloomberg) -- There's so much sex on the Internet that a website where adults hook-up couldn't avoid bankruptcy, as Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist Bill Rochelle discuss on their...more

San Bernardino Commits to Mediation ‘Outline’

San Bernardino Commits to Mediation ‘Outline’ by Joel R. Glucksman on September 17, 2013 One week after a U.S. Bankruptcy Judge ruled that the city of San Bernardino is eligible to seek protection under the provisions...more

American Arbitration Association Issues Rule Update for Commercial Arbitration

American Arbitration Association Issues Rule Update for Commercial Arbitration by Robert Levy on September 12, 2013 The American Arbitration Association (AAA), which handles over 100,000 disputes each year, recently...more

Bill on Bankruptcy: Detroit Judge Might Lose Grip on the Case  [Video]

Sept. 12 (Bloomberg) -- The possibility that the most significant decisions affecting Detroit will not be made in bankruptcy court elevates the motor city to the "Case of the Week" status on the bankruptcy video with...more

Stimulus-Backed Car Charging Company Close to Bankruptcy

Stimulus-Backed Car Charging Company Close to Bankruptcy by Joel R. Glucksman on August 29, 2013 ECOtality Inc., a U.S. Energy Department-backed maker of electric car charging systems, is teetering on the brink of...more

Bill on Bankruptcy: Appeals Court Changes the Law on Fraud [Video]

Aug. 29 (Bloomberg) -- The U.S. Court of Appeals in Chicago may be out on a limb by itself, or an opinion this week may signal change in attitude toward lenders who discover a customer's fraud and do nothing, as Bloomberg...more

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