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A Game of Survivor: Private Credit Restructuring Year in Review

Private credit lenders started 2020 both with anticipation and trepidation. Activity levels were strong and default levels were at historic lows, but private credit lenders worried about the risk of economic headwinds – after all, we were then in the extra innings of the longest economic recovery on record.

USA, Insolvency & Restructuring, Litigation, Proskauer Rose LLP, Bankruptcy, Private equity, Coronavirus
The Long and Short of It: Anti-Net Short Provisions in NDAs

Introduction

USA, Banking, Insolvency & Restructuring, Proskauer Rose LLP, Private equity, Non-disclosure agreement, Coronavirus
A Growing Consensus Emerges on the Calculation of Postpetition Interest

Key Takeaways:

USA, Insolvency & Restructuring, Litigation, Proskauer Rose LLP, Debtor, Title 11 of the US Code
On the Mark: Understanding the Supreme Court’s Latest Decision Regarding the Treatment of Trademark Licenses in Chapter 11

On May 20, 2019, in Mission Product Holdings, Inc. v. Tempnology, LLC, 587 U.S. ___ (2019), the Supreme Court resolved an area of ongoing concern for parties to trademark licenses. The court addressed a circuit split on whether a trademark licensee may continue to use a trademark for the term of the license, after the license has been rejected in bankruptcy.

USA, Insolvency & Restructuring, Litigation, Trademarks, Proskauer Rose LLP, Debtor, US Congress, Title 11 of the US Code
In Case of Fire, File a Claim

In a recent decision enforcing the discharge injunction under Section 1107(d)(1)(A) of the Bankruptcy Code, the Bankruptcy Court for the Western District of Pennsylvania blocked a creditor from asserting a claim against the debtor after confirmation of the plan. The case of In re Trustees of Conneaut Lake Park, Inc.), No. 14-11277, 2018 Bankr. LEXIS 1447 (JAD) (Bankr. W.D. Pa.

USA, Banking, Insolvency & Restructuring, Weil Gotshal & Manges LLP, Debtor, Unjust enrichment