Securitization, and structured finance generally, is a critical capital-raising tool for many companies. Utilizing one or more bankruptcy-remote special purpose entities to legally isolate the credit risk of quality,...more
9/28/2022
/ Bankruptcy Code ,
Bankruptcy Court ,
Capital Raising ,
Contingency Plans ,
Credit Enhancements ,
Distressed Assets ,
Fixed Income Investments ,
Investors ,
Risk Management ,
Securitization ,
SPVs ,
Structured Finance ,
Waterfall Provision
The key drivers that led a record-breaking 2021 for the private credit market, including strong private equity investments, are likely to continue into the new year. Private credit presented itself as a compelling alternative...more
Creditors who are members of an official committee of unsecured creditors in a bankruptcy owe fiduciary duties to other unsecured creditors and to other committee members. In this article on the Neiman Marcus bankruptcy, the...more
In a much-anticipated decision issued on October 26, the Bankruptcy Court for the Southern District of Texas awarded make-whole premiums and post-petition interest (i.e., interest accruing after the bankruptcy filing) to...more
Climate Change Litigation on the Horizon with Trump Environmental Overhaul -
On July 16, 2020, President Trump’s Council on Environmental Quality (“CEQ”) published the long-awaited final rule revising the implementing...more
9/18/2020
/ CEQ ,
CFIUS ,
Climate Change ,
Coronavirus/COVID-19 ,
Debt Restructuring ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
FIRRMA ,
Foreclosure ,
Foreign Investment ,
Gulf Cooperation Council (GCC) ,
Indonesia ,
Infrastructure ,
Joint Venture ,
Middle East ,
NEPA ,
Oil & Gas ,
OPEC ,
Petrochemicals ,
PFAS ,
Pipelines ,
Russia ,
Saudi Arabia ,
Solar Farm ,
Toxic Substances Control Act (TSCA) ,
United Arab Emirates (UAE) ,
Waste-to-Energy ,
Wind Farm
Prepayment transactions involve the buyer of a product arranging lump-sum payment in advance for future supply of that product. They are commonly used as a financing tool in the commodities industry, including oil, metals and...more
The Impact of COVID-19 on Nuclear Electricity Sales Contracts in France -
The electricity sector, like numerous others in France, has been heavily affected by the economic shutdown due to the COVID-19 pandemic.
The...more
6/25/2020
/ Administrative Hearings ,
Amended Rules ,
CARB ,
Climate Change ,
Commercial Bankruptcy ,
Construction Project ,
Coronavirus/COVID-19 ,
Delays ,
Electricity ,
Energy Sector ,
FERC ,
Force Majeure Clause ,
France ,
Low Carbon Fuel Standard ,
Mexico ,
Natural Gas ,
Nuclear Power ,
OSHA ,
Petition For Rehearing ,
Pipelines ,
Power Companies ,
Power Grid ,
Public Nuisance ,
Removal ,
Renewable Energy ,
Sales Contracts ,
Solar Energy ,
State Law Tort Claims ,
Wind Power ,
Workplace Injury
Energy Explosion: 10 Trends to Watch in Energy Restructuring -
On April 20, 2020, U.S. benchmark crude traded negative for the first time. This drastic drop in price was caused by the perfect storm of the Saudi...more
5/20/2020
/ Carbon Off-Set Credits ,
Coronavirus/COVID-19 ,
Energy Sector ,
Foreign Investment ,
Mexico ,
Natural Gas ,
Oil & Gas ,
Power Infrastructure ,
Renewable Energy ,
Russia ,
Saudi Arabia ,
Sustainability ,
Testimony
On April 20, 2020, U.S. benchmark crude traded negative for the first time. This drastic drop in price was caused by the perfect storm of the Saudi Arabia-Russia price war and the novel Coronavirus...more
It is no secret that the outbreak of the coronavirus has caused untold damage, distress, and dislocation to the worldwide economy, leading many companies to consider their respective restructuring options.
Given the current...more
4/14/2020
/ Appeals ,
Chapter 11 ,
Coronavirus/COVID-19 ,
Filing Deadlines ,
Filing Requirements ,
Intellectual Property Protection ,
IP License ,
Patents ,
Restructuring ,
Standard Essential Patents ,
Telecommunications
On December 20, 2019, the Bankruptcy Court for the Southern District of Texas in Alta Mesa Holdings, LP v. Kingfisher Midstream, LLC (In re Alta Mesa Resources, Inc.) held that dedications in gathering agreements create...more
1/9/2020
/ Appeals ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Contract Terms ,
Covenants that Run With the Land ,
Debtors-in-Possession ,
Energy Sector ,
Executory Contracts ,
Gathering Agreements ,
Midstream Contracts ,
Mineral Exploration ,
Oil & Gas ,
Privity of Contract ,
Sabine Oil and Gas ,
Section 365
On December 20, 2019, the Bankruptcy Court for the Southern District of Texas in Alta Mesa Holdings, LP v. Kingfisher Midstream, LLC (In re Alta Mesa Resources, Inc.) held that dedications in gathering agreements create...more