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Read need-to-know updates, commentary, and analysis on Securities issues written by leading professionals.

Debt Dialogue: April 2017 - Exemptions from HSR Filing Requirements in a Bankruptcy Reorganization

The Hart-Scott-Rodino Act requires parties to an acquisition of voting securities or assets to file a report form with the Federal Trade Commission (FTC) and Department of Justice (DOJ), and to observe a waiting period before...more

2016 Georgia Corporate and Business Organization Case Law Developments

by Bryan Cave on

The annual survey of decisions by state and federal courts in 2016 addressing Georgia corporate and business organization issues is now available. This survey covers the legal principles governing Georgia businesses,...more

Back to the drawing board: Canadian Government divestiture order in national security case set aside and new review to take place

by Dentons on

In a consent order dated November 9, 2016, the Federal Court ordered the setting aside of a Cabinet order requiring a Chinese investor to divest control of a Canadian business for national security reasons....more

Corporate and Financial Weekly Digest - Volume XI, Issue 26

SEC/CORPORATE – SEC Division of Corporation Finance Issues C&DIs on Application of Rule 701 – On June 23, the Staff of the Division of Corporation Finance (Staff) of the Securities and Exchange Commission...more

Your daily dose of financial news The Brief – 4.13.16

by Robins Kaplan LLP on

US regulators are reportedly preparing a handful of the US’s biggest banks for news that their living wills (their plans for winding down without a taxpayer bailout in the case of a potential bankruptcy) aren’t going to cut...more

Distressed Asset Acquisitions Outside Bankruptcy in the Oil and Gas Space

Amidst the current downturn in oil prices, many expect and hope for, an increase in merger and acquisition (M&A) activity in the coming months. Whereas past downturns created an opportunity for major acquisitions, such as...more

Glenn Siegel on The Next Restructuring Wave [Video]

by Mimesis Law on

Glenn Siegel, head of the firm's restructuring and bankruptcy practice, talks about some of the sectors and industries that might see financial difficulty in the near to medium term....more

Glenn Siegel on Why Chapter 11 Bankruptcy Is So Expensive [Video]

by Mimesis Law on

Glenn Siegel, head of the firm’s restructuring and bankruptcy practice, talks about some of the reasons chapter 11 bankruptcy is often seen as an expensive or problematic alternative for companies needing to restructure their...more

Restricting Share Capital Reductions in Takeovers

by Dechert LLP on

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

How Recent Fiduciary Duty Cases Affect Advice To Directors And Officers Of Delaware And Texas Corporations

by Jackson Walker on

The conduct of corporate directors and officers is subject to particular scrutiny in the context of business combinations (whether friendly or hostile), executive compensation and other affiliated party transactions,...more

Delaware Court of Chancery Rejects Contemporaneous Ownership Requirement For Creditors Asserting Derivative Claims

In Quadrant Structured Products Co. v. Vertin, C.A. No. 6990-VCL, 2014 Del. Ch. LEXIS 193 (Del. Ch. Oct. 1, 2014), the Delaware Court of Chancery held that when creditors of insolvent firms assert derivative claims, they need...more

Financial Services Weekly News Roundup - October 2014 #3

by Goodwin on

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

Are Fairness Opinions Admissible on a Plan of Arrangement Hearing?

by Dentons on

Differing viewpoints have recently arisen in the Ontario Superior Court of Justice (Commercial List) as to whether fairness opinions are admissible during court approval of plans of arrangement. In Champion Iron Mines Limited...more

BAC CEO Pays $10 Million Plus D&O Bar To Settle NYAG Market Crisis Case

by Dorsey & Whitney LLP on

Former Bank of America CEO Kenneth Lewis agreed to pay $10 million and to be barred from serving as an officer or director of a public company for three years to settle fraud charges brought by the New York Attorney General...more

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

by Dechert LLP on

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

Attacking LBO Payouts as State Law Fraudulent Transfers

The United States Bankruptcy Court for the Southern District of New York (the “Court”) in Weisfelner v. Fund 1 (In Re Lyondell Chemical Co.), 2014 WL 118036 (Bankr. S.D.N.Y. Jan. 14, 2014) recently held that the safe harbor...more

"English Schemes of Arrangement Expand to Continental Europe and Beyond"

A scheme of arrangement is a tool of English corporate law that has been used in M&A and restructurings for decades. A company implementing a scheme has complete freedom to choose with which groups of shareholders and...more

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

by Bloomberg Law on

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]

by Bloomberg Law on

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

Judge May Be Close to Approving AMR Bankruptcy Plan

by Joel Glucksman on

Judge May Be Close to Approving AMR Bankruptcy Plan by Joel R. Glucksman on September 12, 2013 AMR Corp. may be permitted to proceed with its plan to exit bankruptcy protection, despite the ongoing government lawsuit...more

Stimulus-Backed Car Charging Company Close to Bankruptcy

by Joel Glucksman on

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: Why is Kodak's Stock Soaring? [Video]

by Bloomberg Law on

March 20 (Bloomberg Law) -- Although Eastman Kodak Co. stock shot up like a rocket in a week's time, investors might not have the same profitable outcome like owners of American Airlines shares, as Bloomberg Law's Lee Pacchia...more

Bill on Bankruptcy: How Purchasers of AMR Stock Made a Killing  [Video]

by Bloomberg Law on

March 13 (Bloomberg Law) -- Someone who bought stock in American Airlines last year already made a killing. Stock that could have been bought in November for less than 40 cents a share is now trading above $4, for...more

Skadden's 2013 Insights

We are pleased to provide a collection of commentaries on the critical legal issues facing our clients in 2013. There is hope that global economic and market conditions will continue to improve despite ongoing...more

Private Equity Newsletter - Fall/Winter 2012: Recent Developments in Acquisition Finance

by Dechert LLP on

Certain recent legal developments will likely impact acquisition finance. This article will survey some of the more notable ones. We discussed in the last newsletter the Eleventh Circuit Court of Appeals’ decision in...more

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