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Private Equity and the Resolution of Financial Distress

Editor's Note: The following post comes to us from Edie Hotchkiss of the Finance Department at Boston College, David C. Smith of the McIntire School of Commerce at the University of Virginia, and Per...

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Disclosure Obligations in Capital Restructurings

Editor's Note: Edward Herlihy is a partner and co-chairman of the Executive Committee at Wachtell, Lipton, Rosen & Katz. This post is based on a Wachtell Lipton firm memorandum by Mr. Herlihy and...

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Creative TruPS Capital Restructurings

Editor's Note: Edward Herlihy is a partner and co-chairman of the Executive Committee at Wachtell, Lipton, Rosen & Katz. This post is based on a Wachtell Lipton firm memorandum by Mr. Herlihy,...

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REIT and Real Estate M&A and Restructurings

Editor's Note: Adam Emmerich is a partner in the corporate department at Wachtell, Lipton, Rosen & Katz focusing primarily on mergers and acquisitions and securities law matters. This post is based...

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Contingent Consideration in Bridging Valuation Gaps

Editor's Note: Edward Herlihy is a partner and co-chairman of the Executive Committee at Wachtell, Lipton, Rosen & Katz. This post is based on a Wachtell Lipton firm memorandum from Mr. Herlihy,...

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London Whale is the Cost of Too Big to Fail

Editor’s Note: Mark Roe is the David Berg Professor of Law at Harvard Law School, where he teaches bankruptcy and corporate law. This post is Professor Roe’s recent op-ed written for The Financial...

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Dismantling Large Bank Holding Companies

Editor's Note: The following post comes to us from Tamar Frankel, Professor of Law at Boston University Law School. Mammoth bank holding companies (BHCs) have contributed to the 2008 crisis. Their...

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Breaking Bankruptcy Priority: How Rent-Seeking Upends the Creditors’ Bargain

Editor's Note: Mark Roe is the David Berg Professor of Law at Harvard Law School, where he teaches bankruptcy and corporate law, and Frederick Tung is Professor of Law at Boston University School of...

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Exit Consents in Restructurings – Still a Viable Option?

Editor's Note: The following post comes to us from David J. Billington, partner focusing on international financing transactions and restructuring transactions at Cleary Gottlieb Steen & Hamilton...

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Central European Distribution Corporation’s Chapter 11 Plan Incorporates...

Editor's Note: The following post comes to us from Mark S. Chehi, a partner in the Corporate Restructuring Group of Skadden, Arps, Slate, Meagher & Flom LLP, and is based on a Skadden memorandum by...

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Cross-Border Schemes of Arrangement and Forum Shopping

Editor's Note: The following post comes to us from Jennifer Payne, Professor of Corporate Finance Law at University of Oxford. The English scheme of arrangement has existed for over a century as a...

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Structural Corporate Degradation Due to Too-Big-To-Fail Finance

Editor's Note: Mark Roe is the David Berg Professor of Law at Harvard Law School, where he teaches bankruptcy and corporate law. Corporate governance incentives at too-big-to-fail financial firms...

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Delaware Court Declines to Dismiss Class Action Challenging Going-Private...

Editor's Note: Allen M. Terrell, Jr. is a director at Richards, Layton & Finger. This post is based on a Richards, Layton & Finger publication, and is part of the Delaware law series, which is...

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New Credit Default Swap Terms to Be Implemented in September 2014

Editor's Note: The following post comes to us from Isabel K.R. Dische and Leigh R. Fraser, partners at Ropes & Gray LLP, and is based on a Ropes & Gray publication by Ms. Dische, Ms. Fraser,...

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New ISDA 2014 Credit Derivatives Definitions

Editor's Note: The following post comes to us from Fabien Carruzzo, partner and head of the derivatives practice at Kramer Levin Naftalis & Frankel LLP, and is based on a Kramer Levin publication....

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Bankruptcy Court Holds Secured Creditors Can Be “Crammed Down” With...

Editor's Note: The following post comes to us from Mark I. Bane, Partner focusing on corporate restructurings at Ropes & Gray LLP, and is based on a Ropes & Gray Alert. On August 26, 2014, in...

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Towards a “Rule of Law” Approach to Restructuring Sovereign Debt

Editor's Note: Steven L. Schwarcz is the Stanley A. Star Professor of Law & Business at Duke University School of Law. In a landmark vote, the United Nations General Assembly overwhelmingly decided...

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Using Spin-offs to Raise Cash, Reduce Debt and Recapitalize

Editor's Note: The following post comes to us from Stephen I. Glover, Partner and Co-Chair of the Mergers & Acquisitions practice at Gibson, Dunn & Crutcher LLP, and is based on a Gibson Dunn...

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REIT and Real Estate M&A in 2015

Editor's Note: Adam Emmerich is a partner in the corporate department at Wachtell, Lipton, Rosen & Katz focusing primarily on mergers and acquisitions and securities law matters. This post is based...

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Structural Corporate Degradation Due to Too-Big-To-Fail Finance

Editor's Note: Mark Roe is the David Berg Professor of Law at Harvard Law School, where he teaches bankruptcy and corporate law. Professor Roe received the European Corporate Governance Institute’s...

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