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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
Who is the noteholder and who is the creditor

Introduction

Towards the end of 2020, while businesses were reeling from the challenges of grappling with a global pandemic, the end of the Brexit transition period and LIBOR transition, the Law Commission published a paper analysing the current law underlying intermediated securities - Intermediated securities: who owns your shares? A Scoping Paper.

European Union, France, United Kingdom, Company & Commercial, Insolvency & Restructuring, Public, Stephenson Harwood LLP, Brexit, Libor
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