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Private Equity Commercial Bankruptcy

Cadwalader, Wickersham & Taft LLP

Foreign Sovereign Immunity Garden Guide September 2023 - What We're Reading

Here's what we're reading this week. Sponsor consolidation is likely to accelerate in response to challenging fundraising conditions, according to sources cited in the FT’s  Private equity is in for rampant consolidation...more

Proskauer Rose LLP

Proskauer: ‘We’re going to see a big uptick in distressed opportunities’

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The private real estate industry has been anticipating distress since the start of the pandemic. But as governments passed emergency measures to keep the economy afloat, the prospect of widespread distress receded. ...more

White & Case LLP

Distressed companies open the liability toolbox to avoid full-blown bankruptcies

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Management teams and private equity (PE) sponsors have successfully deployed a range of liability management tools to steer companies through the COVID-19 downturn and avoid both bankruptcies and full-blown restructurings. ...more

BCLP

UK Private Equity: Horizon Scanning for 2021

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In a year dominated by the pandemic, it is easy to lose sight of some of the more granular legal developments and trends coming over the horizon for 2021 which, in their own ways, can also have a significant impact on the...more

Balch & Bingham LLP

[Webinar] Predicting the Unpredictable: Forecasting Growth and Consolidation in Energy/Oil & Gas - December 8th, 12:00 pm - 1:00...

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Are you positioning your business for growth or consolidation opportunities in 2021? Join Balch & Bingham’s Houston lawyers to hear their perspectives on how to plan now to achieve next year’s goals and maximize potential...more

Robins Kaplan LLP

Financial Daily Dose 10.26.2020 | Top Story: Inspire Brands In Talks to Acquire Dunkin for Deal Worth $8.8 Billion

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PE-backed Inspire Brands is in negotiations to take over Dunkin’ Brands Group, the parent of both Dunkin’ and Baskin-Robbins, in a deal valued at nearly $9 billion. Inspire includes Buffalo Wild Wings and Jimmy John’s among...more

Latham & Watkins LLP

Transacting With Troubled Companies – 3 Tips for PE Deal Teams Navigating Stressed, Distressed, and Insolvent Acquisitions

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Successfully executing an acquisition from stress, distress, or insolvency requires a creative approach to reconcile competing interests. ...more

Opportune LLP

Creditor Income Tax Considerations in the Form of Ownership for Upstream Oil & Gas Investors

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Find out why upstream oil and gas investors should take into account income tax considerations during and after a restructuring event.  ...more

Robins Kaplan LLP

Financial Daily Dose 1.31.2020 | Top Story: IBM CEO Ginni Rometty is Out After Eight Years at the Helm

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In a week that’s already seen plenty of C-suite shakeups, we’ve learned that Ginni Rometty is stepping down from her role as CEO at IBM. The company’s cloud computing chief, Arvind Krishna, will take over for her, though...more

Patterson Belknap Webb & Tyler LLP

Hahnemann University Hospital: Healthcare Bankruptcy Highlights the Tension When Private Equity Collides with the Public Interest

A “little bit of a crisis” was averted last week in the Chapter 11 bankruptcy case of St. Christopher’s Hospital for Children, a Philadelphia-area hospital with ties to Hahnemann University Hospital, which is also a Chapter...more

Dechert LLP

Global Private Equity Newsletter - Winter 2019 Edition: Recent Developments in Acquisition Finance: Ninth Circuit Rejects Broad...

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Those seeking to purchase assets or a business out of a Chapter 11 case employing a “loan to own” strategy may well have received a boost from a recent decision of the U.S. Court of Appeals for the Ninth Circuit....more

Dorsey & Whitney LLP

D&O Insurance and the Two Words to Fear: Capacity Exclusion

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The Delaware Superior Court recently held in Goggin v. National Union Fire Insurance Co. (which you can read here) that private equity sponsors also serving as portfolio company directors may, under certain circumstances, not...more

Troutman Pepper

Ambiguous UCC Collateral Descriptions Part II: Another Snare for Private Equity Companies

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On August 20, the U.S. Bankruptcy Court for the Central District of Illinois in In re I80 Equipment, LLC, No.17-81749, 2018 WL 4006294 (Bankr. C.D. Ill. Aug. 20, 2018) held that a secured party failed to perfect its security...more

Orrick, Herrington & Sutcliffe LLP

European Distressed Debt Market Outlook 2018

The 2018 Debtwire European Distressed Debt Outlook report surveyed 100 distressed investors and 30 private equity funds to establish the outlook for 2018. The majority of respondents predict that market conditions will be...more

Kramer Levin Naftalis & Frankel LLP

Are There Limits to the Remedial Powers of an Indenture Trustee?

In the recent case of Cortlandt St. Recovery Corp. v. Bonderman (NY Ct. Ap. Feb. 20, 2018), the New York Court of Appeals addressed the question of the limits on the authority of an indenture trustee to pursue remedial...more

Dechert LLP

Dechert's Global Private Equity Newsletter - Summer 2017 Edition: Recent Developments in Acquisition Finance

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Basic to any acquisition and its financing are the projections of the target’s future performance. These play a key role in setting the price for the target as well as on the availability of acquisition financing. Projections...more

Dechert LLP

Dechert's Global Private Equity Newsletter - Summer 2017 Edition: D&O Insurance Coverage - How Careful Should the Drafting Be?...

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Directors are required to review and approve transformative M&A transactions. The power to approve, however, comes with the potential liability that could be asserted if the transactions do not turn out as projected....more

Robins Kaplan LLP

Your daily dose of financial news - The Brief - 9.2.16

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Turns out that the Anbang Insurance Group—the powerful Chinese insurer that’s made plenty of Brief appearances for its massive bids on US hotels, among others—really does live up to its air of mystery, with many of its...more

Dechert LLP

Global Private Equity Newsletter - Summer 2016 Edition: Recent Developments in Acquisition Finance

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Private equity sponsors should be aware of two recent court decisions. One involves fiduciary duties under state law that may be owing to a limited liability company borrower by its managers, in the context of receivables...more

Goodwin

Sun Capital Decision Implicates Private Company Investing

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On March 28, 2016, the U.S. District Court for the District of Massachusetts (the District Court) delivered a controversial opinion in Sun Capital Partners III, LP v. New England Teamsters & Trucking Industry Pension Fund...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week in Review

The PRA Publishes Guidance on Financial Conglomerate Waivers - On January 4, the Prudential Regulation Authority ("PRA") published guidance on the application and supplementary forms that should be submitted by firms...more

Dechert LLP

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

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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

Proskauer - Law and the Workplace

Employees Face Uphill Battle in Holding Private Equity Firms Accountable under WARN Act

The United States District Court in Delaware recently issued a welcome decision for private equity firms whose portfolio companies run afoul of the Worker Adjustment and Retraining Notification Act (the “WARN Act”). In In re...more

Dechert LLP

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

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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

Akin Gump Strauss Hauer & Feld LLP

U.S. Supreme Court Round-Up: Sun Capital Cert Denied, Omnicare Cert Granted and Whistle-Blower Protection Extended

As first discussed in July 2013 the First Circuit Court of Appeals held in Sun Capital Partners III, LP, et al. v. New England Teamsters & Trucking Industry Pension Fund that a Sun Capital Partners private equity fund (Sun...more

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