Mergers & Acquisitions Business Organization Bankruptcy

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A Reverse Morris Trust Ruling

LTR 201542004 at first seems to involve a standard spinoff for the purpose of pursuing a reverse Morris Trust combination of Controlled with a Merger Partner, with the “significant issue” for ruling being a proposed swap of...more

"Oil and Gas Companies Brace for Fall Redeterminations"

For most of 2015, industry observers have predicted that depressed commodity prices will result in a surge in M&A activity among domestic exploration and production (E&P) companies, as well as a large number of bankruptcy...more

Global Private Equity Newsletter - Fall 2015 Edition: Recent Developments in Acquisition Finance

When a portfolio company underperforms, a sponsor may consider various options to address the perceived performance issues, including changes to a portfolio company’s management team, cost structure, capital structure or...more

Restricting Share Capital Reductions in Takeovers

The Companies Act 2006 (Amendment of Part 17) Regulations 2015 (the “Regulations”) came into force on 4 March 2015. The Regulations amend section 641 of the Companies Act 2006 to prevent a company from reducing its share...more

Acquisitive Reorganization Under Section 367(b)

This outline discusses, in plain English, the regulatory provisions called into play under IRC § 367(b) on acquisitive mergers and other non-divisive corporate reorganizations. A Section 367(b) acquisitive reorganization...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

Bankruptcy Judge Hesitant to Approve AMR’s Bankruptcy Plan

Bankruptcy Judge Hesitant to Approve AMR’s Bankruptcy Plan by Joel R. Glucksman on August 27, 2013 The Justice Department's unexpected antitrust lawsuit that is designed to halt the merger of US Airways and American...more

Bill on Bankruptcy: US Airways Need a Merger More than AMR  [Video]

Aug. 15 (Bloomberg) -- The strength of the U.S. Justice Department's antitrust suit to block the merger between AMR Corp. and US Airways Group Inc. is the first topic on the video with Bloomberg Law's Lee Pacchia and...more

Last Week’s New Asset Sales Proposed in Large Chapter 11 Bankruptcy Cases

Below is a list of all of the motions to sell assets pursuant to section 363 of the Bankruptcy Code that were filed in large corporate chapter 11 cases between July 21st and July 27th. This includes both motions to sell...more

A Value Play: Chapter 11 Mergers and Acquisitions

Chapter 11 is known as a forum for reorganizing or selling a financially distressed business. Chapter 11 allows companies to reject burdensome contractual obligations, shed non-core assets and “clean up” the balance sheet by...more

Dodd-Frank Living Wills: What You Need to Know Now

Financial institutions should undertake Dodd-Frank living will preparation with care....more

Loose Lips Sink Hostile Bids: Delaware Chancery Court Enforces Non-Disclosure Agreement with Injunctive Relief

In an eloquent account of consensual merger negotiations between Martin Marietta and Vulcan Materials, the two largest players in the domestic aggregates business, Chancellor Leo Strine of the Court of Chancery of Delaware...more

Next Battlefield in Dewey Liquidation: Pursuing Breach of Fiduciary Duty Claims

Dewey & LeBoeuf’s inglorious galactic implosion changes all of the rules; it was not too big to fail, it was, however, far too big and corroded to fail in the relatively orderly way others before it failed. The next...more

Could Dewey & LeBoeuf Have Been Saved From Crashing and Burning? Yes and Here's How:

Gosh, I could have had a V – 8. Trial lawyers often say that when they try a case, they always wind up trying three cases: The case they plan on trying, the case they actually try and the case they should have tried....more

American Airlines Merger Could Save Two Airlines

Will merger save two airlines that filed bankruptcy? Today there is even more evidence that bankruptcy is not the end of the world. As I previously noted, a Chapter 11 bankruptcy filing by American Airlines didn’t stop...more

VeraSun: Claims Under “Change in Control” Agreements Subject to Cap Governing “Employment Contracts”

In a recent decision in the VeraSun bankruptcy cases, the U.S. Bankruptcy Court for the District of Delaware held that “change in control” agreements between former executives and the debtors are “employment contracts” under...more

"Skadden's 2012 Insights"

Dear Clients and Friends: I am pleased to provide our fourth annual collection of commentaries on the critical legal issues our clients may face in the year ahead. Many of these issues relate to the responses by...more

"Skadden's 2012 Insights, January 2012: Corporate Restructuring"

We predict that out-of-court, prepackaged and prearranged restructuring strategies will continue to be favored in 2012. Sophisticated stakeholders and financially distressed companies prefer to avoid in-court proceedings and...more

Ten Things Asset-Based Lenders Should Know About Machinery & Equipment Auction Sales

Asset-based lenders, equity investors, turnaround managers, bankruptcy trustees and other professionals look to liquidation companies like LiquiTec for maximum recovery in asset disposition. The key factors to a successful...more

In re Waste2Energy Holdings, Inc.

Voluntary Chapter 11 Bankruptcy Petition

For other documents from this bankruptcy case, please visit: For more information about major bankruptcy cases, please visit our...more

China’s NDRC Adopts New Measures to Further Regulate Equity Investment Enterprises in Pilot Regions

On January 31, 2011, China’s National Development and Reform Commission (NDRC) issued a “Notice on Further Regulating the Development and Record-Filing Administration of Equity Investment Enterprises in Pilot Regions” (the...more

German Banking Restructuring Law - Newspaper Article

This is a short German language article which has been published in the German daily "Börsenzeitung" on 5 January 2011 on the new German act on the restructuring of failing financial institutions. It constitutes a...more

Presentation on the new German banking restructuring act

This is a German law presentation on the new German law on the restructuring of failing banks. It provides a brief outline of the major elements of the new legislation which has become effective on 1 January 2011....more

Can Second Lien Lenders Be Heard In Connection With A 363 Sale? The Answer In Boston Generating Is A Resounding Yes.

Years ago, second lien lenders adhered to the truism about children – they were seen but not heard. As our children have grown more vocal in recent years, so too have second lien lenders. A spate of recent bankruptcy cases...more

Trends in Legal Terms in Venture Financings in Israel - (2009 Annual Survey)

We have analyzed the terms of venture financings for Israeli and Israeli-related technology companies that reported raising money in 2009. Our survey does not include financing rounds of less than US $500,000. The tables...more

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