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    Court's Broad Interpretation of Definition of "Securities Contracts" Promotes Expansive Scope of Bankruptcy Code "Safe Harbor"
    2023-09-30

    Section 546(e) of the Bankruptcy Code's "safe harbor" preventing avoidance in bankruptcy of certain securities, commodity, or forward-contract payments has long been a magnet for controversy. Several noteworthy court rulings have been issued in bankruptcy cases addressing the application of the provision, including application to financial institutions, its preemptive scope, and its application to non-publicly traded securities.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Jones Day, Private equity, Supreme Court of the United States
    Authors:
    Daniel J. Merrett (Dan) , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Views from the Frontlines - the Current State of Debt Financing
    2023-09-14

    Every passing month seems to bring with it a new set of “market making” events that consistently catapults the deal and debt financing economy in a new direction. Nonetheless, there are certain trends that the JMBM attorneys on the “financing frontlines” see repeatedly, and this fall seemed as good a time as any to convey them. By sharing these points, we hope to better prepare our friends, colleagues and clients for navigating through the current debt and restructuring markets, in preparation for the months and quarters that lie ahead.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Jeffer Mangels Butler & Mitchell LLP, Private equity
    Authors:
    Bennett G. Young , Guy Maisnik , Marianne Martin
    Location:
    USA
    Firm:
    Jeffer Mangels Butler & Mitchell LLP
    Business turnaround following the covid-19 pandemic in Japan
    2023-09-15

    Hajime Ueno, Masaru Shibahara and Kotaro Fuji, Nishimura & Asahi

    This is an extract from the 2024 edition of GRR's The Asia-Pacific Restructuring Review. The whole publication is available here.

    This is an Insight article, written by a selected partner as part of GRR's co-published content. Read more on Insight

    Filed under:
    Japan, Company & Commercial, Insolvency & Restructuring, Litigation, Global Restructuring Review, Private equity, Due diligence, Digital transformation, Insolvency
    Location:
    Japan
    Firm:
    Global Restructuring Review
    Federal Bankruptcy Court Stays Envision Healthcare Litigation in California
    2023-08-04

    From the West Coast Healthcare Desk is a new ongoing series of Holland & Knight Healthcare Blog articles and alerts focused on healthcare industry developments and points of interest in the West Coast healthcare marketplace. Holland & Knight's nationally ranked healthcare practice has been focused on healthcare compliance, transactional, reimbursement and operational trends that have often started in California before spreading nationwide – managed care and various capitated and quality-based reimbursement models being the most obvious examples.

    Filed under:
    USA, California, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Holland & Knight LLP, Private equity
    Authors:
    Kenneth Jonathan Yood , William L. Weiner
    Location:
    USA
    Firm:
    Holland & Knight LLP
    Delaware Bankruptcy Court Ruling on $7.2B Claim Affects Fraudulent Transfer Defense, Valuation Litigation
    2023-06-27

    In a decision likely to have a knock-on effect for future fraudulent transfer defense and valuation litigation, the Delaware bankruptcy court recently ruled that the price agreed in the sale of an oil and gas company closed by market participants represents the reasonably equivalent value for the assets being sold and is more reliable evidence of value than expert testimony prepared for the purposes of litigation.

    Filed under:
    USA, Delaware, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Morgan, Lewis & Bockius LLP, Bankruptcy, Private equity
    Authors:
    Andrew J. Gallo , Nathaniel P. Bruhn
    Location:
    USA
    Firm:
    Morgan, Lewis & Bockius LLP
    Envision’s bankruptcy provides insight into all that is ailing the Healthcare Industry
    2023-06-16

    The increase in bankruptcy filings that restructuring professionals have been expecting is now arriving. With rising inflation, increased interest rates, tightening credit markets, labor shortages and supply chain disruptions, we are starting to see a dramatic increase in filings. Last week the American Bankruptcy Institute noted that commercial Chapter 11 filings increased 105% in May 2023 as compared to May 2022 and across the board filings are on the rise as well.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Private equity, Supply chain, Coronavirus, American Bankruptcy Institute
    Authors:
    Peter R. Morrison , Max Czernin
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Managing the Financial Health of Your Business
    2023-06-13

    Managing the financial health of a business to ensure it continues to be viable and successful can be challenging, particularly in today’s economic environment.

    June 2023

    Contents

    Filed under:
    European Union, United Kingdom, Company & Commercial, Insolvency & Restructuring, Public, Tax, Squire Patton Boggs, Brexit, Private equity, Supply chain, Due diligence, Unfair dismissal, ESG, Cybersecurity, Coronavirus, Anti-bribery and corruption, Insolvency, HM Revenue and Customs (UK)
    Location:
    European Union, United Kingdom
    Firm:
    Squire Patton Boggs
    Asian private equity and international arbitration: key current issues
    2023-05-26

    Martin Rogers, Jonathan K Chang and Clement Sung, Davis Polk & Wardwell

    This is an extract from the 2024 edition of The Asia-Pacific Arbitration Review. The whole publication is available here.

    This is an Insight article, written by a selected partner as part of GAR's co-published content. Read more on Insight

    Filed under:
    Asia-Pacific, Arbitration & ADR, Insolvency & Restructuring, Litigation, Global Arbitration Review, Private equity, Mediation, Articles of association
    Location:
    Asia-Pacific
    Firm:
    Global Arbitration Review
    Risks and reforms: the UAE adjusts to a shifting landscape
    2023-05-26

    Morgan Heavener, Darren Mullins and Paul Wright, Accuracy

    This is an extract from the 2023 edition of GIR's Europe, Middle East and Africa Investigations Review. The whole publication is available here. 

    Filed under:
    United Arab Emirates, Compliance Management, Insolvency & Restructuring, IT & Data Protection, White Collar Crime, Global Investigations Review, Private equity, Cybercrime, Due diligence, Cryptocurrency, Personal data, Anti-money laundering, Data privacy, Anti-bribery and corruption, GDPR
    Location:
    United Arab Emirates
    Firm:
    Global Investigations Review
    If a Business Is Facing Distress, What Options Are There?
    2023-05-04

    There are a number of options and avenues that a company can explore when faced with business stress or distress. Depending on the circumstances, a combination of these could be appropriate to help mitigate or avoid a business failing.

    This guide provides an overview of potential options and should be considered alongside specific advice from the company's advisors.

    Informal Options

    Even when informal options are being considered, directors should engage with their advisors and stakeholders to ensure that their decisions take into account their directors' duties.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs, Private equity, Supply chain, HM Revenue and Customs (UK)
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs

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