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    Fifth Circuit shows reorganization investors how to get and keep an expense reimbursement order
    2011-09-09

    The U.S. Court of Appeals for the Fifth Circuit, on Aug. 16, 2011, affirmed the lower court’s decision authorizing reimbursement of expenses to qualified bidders for a reorganization debtor’s assets. In re Asarco, LLC, 2011 BL 213002 (5th Cir. Aug. 16, 2011). In the court’s view, the debtor provided “a compelling and sound business justification for the reimbursement authority.” Id. at *12.

    Facts

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Bankruptcy, Debtor, Federal Reporter, Debt, Due diligence, Judicial review, Business judgement rule, Second Circuit, United States bankruptcy court, Fifth Circuit, Third Circuit, Trustee
    Authors:
    Michael L. Cook , Lawrence V. Gelber
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Lloyds and RBS complete negotiations with HM Treasury on restructurings
    2009-11-03

    Today, HM Treasury announced the conclusion of discussions with Lloyds Banking Group (Lloyds) and Royal Bank of Scotland Plc (RBS), regarding their participation in the U.K.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Shareholder, Option (finance), Due diligence, Balance sheet, Public limited company, Capital requirement, Tier 1 capital, HM Treasury (UK), The Royal Bank of Scotland
    Authors:
    Darren Cooper
    Location:
    United Kingdom
    Firm:
    Alston & Bird LLP
    Congressional Oversight Panel releases report on use of TARP funds to reorganize U.S. auto industry
    2009-09-11

    After holding a hearing on the topic this past July, the Congressional Oversight Panel (COP) released a report earlier this week entitled, “The Use of TARP Funds in Support and Reorganization of the Domestic Automotive Industry,” examining how TARP funds have been used to support and reorganize both

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Conflict of interest, Public company, Bankruptcy, Shareholder, Fiduciary, Interest, Privately held company, Due diligence, Troubled Asset Relief Program, US Federal Government, HM Treasury (UK), US Department of the Treasury, General Motors, Chrysler
    Authors:
    Anjali Desai
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Bankruptcy court enters order on Chrysler bidding procedures
    2009-05-08

    In an order dated May 7, 2009, Judge Arthur Gonzales approved Chrysler’s proposed bidding procedures for the sale of substantially all of the Company’s assets to a newly formed entity that would continue business under Chrysler’s name.

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Alston & Bird LLP, Confidentiality, Bankruptcy, Good faith, Due diligence, Non-disclosure agreement, Troubled Asset Relief Program, United Automobile Workers, Ally Financial, Chrysler
    Authors:
    Zachary Chapman
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Significant developments in the UK's insolvency regime: a creditor's perspective
    2021-09-30

    In this article we look at current trends and developments at the intersection between insolvency and dispute resolution, including a rundown of some of the latest legislative changes, and issues to consider when litigating against parties in financial distress.

    This analysis was first published on Lexis®PSL on 27 September 2021 and is republished with their kind permission.

    Corporate Insolvency and Governance Act 2020

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Hogan Lovells, Corporate governance, Due diligence, Coronavirus, Commercial tenant
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    Doing business in the United States 2021
    2021-01-15

    Doing business in the United States

    2021

    2

    Hogan Lovells

    Doing business in the United States 2021

    3

    Contents

    Introduction1

    I.Openness of U.S. markets to foreign investment

    2

    II.Direct or indirect market entry and choice of entity

    8

    III. Commercial contracting

    20

    IV.Labor and employment law considerations

    26

    V.Immigration laws

    34

    VI.Intellectual property laws

    40

    VII. Export control and economic sanction laws

    46

    VIII. U.S. antitrust laws

    56

    Filed under:
    USA, Capital Markets, Company & Commercial, Competition & Antitrust, Copyrights, Corporate Finance/M&A, Designs and trade secrets, Employment & Labor, Healthcare & Life Sciences, Immigration, Insolvency & Restructuring, Litigation, Patents, Trade & Customs, Trademarks, White Collar Crime, Hogan Lovells, Medicare, Bribery, Corporate governance, Money laundering, Due diligence, Non-disclosure agreement, Cybersecurity, Coronavirus, Personal protective equipment, Fair Labor Standards Act 1938 (USA), Foreign Corrupt Practices Act 1977 (USA), CARES Act 2020 (USA), Internal Revenue Service (USA), US Securities and Exchange Commission, Federal Trade Commission (USA), Equal Employment Opportunity Commission (USA), US Department of Justice, Office of Foreign Assets Control (USA), US DoL, NLRB, Microsoft, Committee on Foreign Investment in the United States
    Location:
    USA
    Firm:
    Hogan Lovells
    UK insurance M&A following COVID-19
    2020-06-24

    In this article we consider how the current challenging environment is impacting M&A in the insurance sector

    We are living in volatile times. As a consequence of the COVID-19 virus, our equity and high-yield markets have witnessed large swings, making it difficult to value assets. Uncertainty over the timing and extent of the recovery has also made it difficult to value income streams. Moreover, debt financing has become more challenging. All of these factors are contributing to a challenging environment for M&A.

    Filed under:
    United Kingdom, Corporate Finance/M&A, Insolvency & Restructuring, Insurance, Hogan Lovells, Brexit, Private equity, Due diligence, Coronavirus, Solvency II Directive (2009/138/EU), Financial Services and Markets Act 2000 (UK)
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    FIG Bulletin 18 May 2020
    2020-05-18

    Recent regulatory developments of interest to all financial institutions. Includes key COVID-19 updates from the UK FCA, AML/CTF updates and more.

    COVID-19: FCA statement on handling of post and paper documents

    On 13 May 2020, the Financial Conduct Authority (FCA) published a statement on how firms should handle post and paper documents during the COVID-19 pandemic.

    Filed under:
    European Union, United Kingdom, Banking, Capital Markets, Compliance Management, Derivatives, Insolvency & Restructuring, Insurance, IT & Data Protection, Tax, White Collar Crime, Hogan Lovells, Corporate governance, Money laundering, Due diligence, Personal data, Coronavirus, GDPR, Financial Conduct Authority (UK), European Commission, Financial Stability Board, HM Revenue and Customs (UK), European Banking Authority, Bank for International Settlements, Credit rating agency, Bank of England, European Securities and Markets Authority
    Location:
    European Union, United Kingdom
    Firm:
    Hogan Lovells
    An outlook: the rise of distressed infra M&A
    2020-04-20

    Hogan Lovells Publications | 20 April 2020

    An outlook: the rise of distressed infra M&A

    The current economic downturn is expected to bring about a growing niche of investment opportunities in distressed infrastructure and energy assets and businesses.

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Hogan Lovells, Due diligence, Coronavirus
    Location:
    USA
    Firm:
    Hogan Lovells
    LandAmerica Financial Group seeks bankruptcy protection
    2008-11-26

    Late the night of Nov. 25, LandAmerica Financial Group, Inc. and its subsidiary, LandAmerica 1031 Exchange Services, Inc., filed a Chapter 11 petition in the U.S. Bankruptcy Court for the Eastern District of Virginia ("Bankruptcy Court"), seeking bankruptcy protection for both entities. The action does not cover Commonwealth Land Title Insurance Company or Lawyers Title Insurance Company, two LandAmerica subsidiaries that are each domiciled in the State of Nebraska.

    Filed under:
    USA, Nebraska, Virginia, Insolvency & Restructuring, Insurance, Litigation, Dentons, Bankruptcy, Debtor, Security (finance), Fiduciary, Liquidation, Due diligence, Underwriting, Title insurance, Subsidiary, Title 11 of the US Code, United States bankruptcy court, US District Court for Eastern District of Virginia, Insurance commissioner
    Location:
    USA
    Firm:
    Dentons

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