What's the Best Transaction Structure for My Sale?
French and US Bankruptcy Sales Compared
Williams Mullen's COVID-19 Comeback Plan: Identifying IP Opportunities in Today’s Economy
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Fairness & Solvency Opinions Shouldn't Be Overlooked Amid Restructuring Wave
Lessons for Health, Beauty & Wellness Companies [Part 3]: When to Consider Acquiring a Distressed Company
Do I need an attorney if I am buying or selling a business?
Nicklaus Companies files for bankruptcy after losing in court to Jack Nicklaus | Golf Digest - The Chapter 11 filing comes after the golf legend won a $50 million defamation lawsuit against his namesake former company....more
When a professional practice sells its business the buyer often pays part of the purchase price in the form of “rollover equity” rather than cash. There are important tax and legal business issues in determining whether to...more
Selling a business is one of the most significant events in an entrepreneur’s life. Most of the transaction process will be driven by the market, a buyer’s goals, or industry dynamics outside of the seller’s control. There...more
When selling a veterinary practice, many owners focus on the big-ticket items like equipment value, goodwill, and real estate. However, a critical but often overlooked component of the sale is the treatment of “hot assets” —...more
General Motors LLC and OnStar, LLC (collectively, “New GM”) recently sought and obtained a notable order of enforcement (available here) from the United States Bankruptcy Court for the Southern District of New York....more
The Russian president recently issued Decree No. 693 titled On Certain Specifics for the Sale of Property Held in Federal Ownership (Decree 693). Decree 693 is part of Russia’s broader countersanctions measures and allows the...more
In this legal alert, we highlight an often overlooked strategy for maximizing sale proceeds of a distressed business: a Chapter 11 bankruptcy sale pursuant to section 363 of the Bankruptcy Code. On August 4, 2025, Avant...more
The U.S. Supreme Court ruled in Czyzewski v. Jevic Holding Corp., 580 U.S. 451 (2017), that the Bankruptcy Code prohibits final distributions to creditors that deviate from the Bankruptcy Code's priority scheme as part of a...more
In In re Dura Medic Holdings, Inc. Consolidated Litigation, the Delaware Court of Chancery held that Revlon review (i.e., the obligation of the board of directors of a Delaware corporation to seek the best price reasonably...more
Ripple’s tied Linqto makes a settlement offer in today’s bankruptcy hearing | Cryptopolitan - The bankrupt company announced on Tuesday that a proposed $60 million debtor-in-possession loan—for which customer-owned shares...more
Our previous report on the Chapter 11 case of 23andMe discussed the Sale Order entered by the Bankruptcy Court on June 27, which approved the proposed sale of substantially all of the assets of the company. We noted that...more
The Ad Hoc Group of Senior Secured Noteholders and DIP Lenders (the “Ad Hoc Group”) obtained a unanimous judgment in their favor in an appeal following Sanchez Energy Company’s long-running, hard-fought bankruptcy case. Once...more
The U.S. Supreme Court's 2024 ruling in the Purdue Pharma bankruptcy cases generally prohibiting nonconsensual releases of non-debtors in chapter 11 plans sent shockwaves through the restructuring community. With one fell...more
Section 363(f)(5) of the Bankruptcy Code allows a bankruptcy trustee to sell estate property free and clear of any competing interest in the property (such as a lien or other security interest) if the interest holder "could...more
Last month Restructuring Perspectives highlighted crucial issues at the intersection of privacy and distress presented by the Chapter 11 case of 23andMe. Specifically, “Data for Sale” discussed the recent appointment of a...more
Section 363 of the Bankruptcy Code allows a Chapter 11 debtor to sell assets "free and clear" of existing claims, liens, encumbrances, and other liabilities. This provision facilitates expedited sales that might otherwise be...more
The finality of asset sales in bankruptcy is an indispensable feature of U.S. bankruptcy law designed to maximize the value of a bankruptcy estate as expeditiously as possible for the benefit of all stakeholders. To promote...more
On March 23, 2025, 23andMe, along with its affiliates, filed for voluntary Chapter 11 bankruptcy. The company’s decision to file for bankruptcy follows in the wake of a 2023 data breach affecting close to 7 million customer...more
23andMe, a pioneer in the DNA testing kit industry, announced that it has filed for Chapter 11 bankruptcy protection and recently asked to select an independent customer data representative regarding any sale of user data....more
While the bankruptcy world’s eyes are locked on the genetic code up for auction in 23andMe’s chapter 11 proceedings, we are also focused on a more old fashioned asset: New York City real estate. 19 East 75th Street (the...more
As discussed in a previous Holland & Knight alert, the U.S. General Services Administration (GSA) is seeking to dispose of a substantial portion of its owned inventory. On March 24, 2025, GSA released a new list of properties...more
In addition to reducing its leased footprint, as discussed in a previous Holland & Knight alert, the U.S. General Services Administration (GSA) is seeking to dispose of a substantial portion of its owned inventory, including...more
While there have been previous efforts to reduce the federal government’s real estate footprint, the scope and speed with which the Trump administration proposes to reduce that footprint is unprecedented....more
Bankruptcy Court Elects to Follow Majority Interpretation of 11 U.S.C. § 363(f)(5) On March 4, 2025, the United States Bankruptcy Court for the Southern District of New York (the Bankruptcy Court) issued a significant...more
There is a significant demographic shift headed our way known as the “gray tsunami,” as a very large portion of the American population will reach retirement age and eventually exit the workforce. In fact, we are at a peak...more