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Revenue Purchase or Predatory Loan? New York Attorney General Targets Merchant Cash Advance Providers

On March 5, 2024, the New York Attorney General (AG) Letitia James sued Yellowstone Capital LLC (Yellowstone) and various affiliates, accusing them of running a predatory lending operation by disguising the loans as purchases...more

Insights into Central Bank Payments Innovation: Tokenized Money, DLT-based Infrastructures, and Public-Private Sector...

The head of the Federal Reserve’s New York Innovation Center (NYIC), Per von Zelowitz, joined Wilson Sonsini partner Jess Cheng for a conversation on the central bank’s payments innovation initiatives regarding the future of...more

Fifth Circuit Vacates FERC Orders, Reaffirming Contract Rejection Powers in Bankruptcy

On July 19, 2022, the U.S. Court of Appeals for the Fifth Circuit added to a stream of recent decisions upholding a debtor's right to "reject" regulated energy contracts in bankruptcy, even over the objection of the Federal...more

Expanding into New Business Segments

Unlock Growth Opportunities Using Strategic Corporate Structuring - What do an automotive parts manufacturer, a law firm, and a media company have in common in the 21st century? Companies in each of these sectors are...more

Delaware Bankruptcy Court Rules Shareholder “Blocking Right” to Prevent Corporate Bankruptcy Subordinate to Federal Public Policy

In the first decision by a Delaware court to address this issue, a Delaware bankruptcy judge denied a shareholder's motion to dismiss a Chapter 11 bankruptcy case based on the shareholder's contractual blocking right. While...more

Considerations for Investors in Distressed Companies: Pursuing Workouts with Creditors

As the global battle with the novel coronavirus pandemic (COVID-19) rages on, destabilized markets and deepening economic turmoil have investors in private companies considering how best to manage portfolio companies that are...more

Distressed Asset Sales: Bankruptcy and Out-of-Court Options

The COVID-19 pandemic has resulted in an unexpected and unprecedented disruption for many companies.  As a result of the economic slowdown, some affected companies are facing a sudden liquidity crunch that could threaten the...more

Liability-Minimizing Considerations for Directors of Distressed or Insolvent Companies to Evaluate in Discharging Their Fiduciary...

The COVID-19 pandemic has grounded the global economy, bringing commercial activity to a screeching halt. Despite the unprecedented magnitude of the stimulus package provided by the United States government via the...more

Sixth Circuit Affirms Bankruptcy Courts’ Jurisdiction over Rejection of Energy Contracts, Subject to Certain Constraints

On December 12, 2019, a divided panel of the U.S. Court of Appeals for the Sixth Circuit ruled that the bankruptcy court in the bankruptcy proceedings of FirstEnergy Solutions Corp. (FES) has jurisdiction to decide whether...more

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