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...
View ArticleDisclosure 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...
View ArticleCreative 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,...
View ArticleREIT 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...
View ArticleContingent 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,...
View ArticleLondon 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...
View ArticleDismantling 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...
View ArticleBreaking 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...
View ArticleExit 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...
View ArticleCentral 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...
View ArticleCross-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...
View ArticleStructural 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...
View ArticleDelaware 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...
View ArticleNew 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,...
View ArticleNew 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....
View ArticleBankruptcy 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...
View ArticleTowards 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...
View ArticleUsing 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...
View ArticleREIT 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...
View ArticleStructural 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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