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    New SBA Guidance: Private Equity Eligibility, Debtors in Bankruptcy, and a Safe Harbor
    2020-04-24

    Shortly after the passage of a bill injecting an additional $310 billion into the Small Business Administration’s Paycheck Protection Program, the SBA has issued another supplemental Interim Final Rule (IFR) providing new guidance on several issues, including eligibility for hedge funds, private equity firms and portfolio companies, and has also answered questions about businesses in bankruptcy proceedings.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Bracewell LLP, Private equity, Hedge funds
    Authors:
    Rachel B. Goldman , David J. Ball , Thomas F. Kokalas
    Location:
    USA
    Firm:
    Bracewell LLP
    Asia Pacific M&A review 2020
    2020-02-24

    In this edition, now in its 7th year, we review the trends and developments in M&A across a wide range of countries and territories in the Asia Pacific region throughout 2019, and discuss our thoughts on the anticipated market trends for 2020 and beyond.

    Asia Pacific M&A in 2019

    Key themes across the 2019 Asia Pacific market include:

    Filed under:
    Asia-Pacific, Corporate Finance/M&A, Environment & Climate Change, Insolvency & Restructuring, Herbert Smith Freehills LLP, Private equity, Due diligence, ESG, Australian Securities and Investments Commission
    Location:
    Asia-Pacific
    Firm:
    Herbert Smith Freehills LLP
    So far, so good? Considering the success of Australia’s safe harbour reforms
    2019-05-07

    The introduction of a safe harbour protection for company directors was one of a number of generational reforms to the restructuring landscape throughout late 2017 and 2018 aimed at relaxing Australia’s unforgiving insolvency laws.

    Now that more than a year has passed, have the safe harbour reforms been a success? And what steps can directors take to ensure they obtain the protections they afford?

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Corrs Chambers Westgarth, Private equity
    Authors:
    Cameron Cheetham
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Corporate Finance News - August 2020
    2020-08-04

    WELCOME TO OUR LATEST EDITION OF CORPORATE FINANCE NEWS. READ ON FOR UPDATES RELATING TO COVID-19; CORPORATE GOVERNANCE; EQUITY CAPITAL MARKETS; CLIMATE CHANGE AND MORE...

    COVID-19: LEGAL & REGULATORY CHANGES

    CORPORATE INSOLVENCY AND GOVERNANCE ACT 2020 IN FORCE

    Filed under:
    United Kingdom, Capital Markets, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, Addleshaw Goddard LLP, Corporate governance, Private equity, Cryptocurrency, Coronavirus, European Securities and Markets Authority
    Authors:
    Will Chalk , Simon Wood , Jeremy Cruse
    Location:
    United Kingdom
    Firm:
    Addleshaw Goddard LLP
    The Long and Short of It: Anti-Net Short Provisions in NDAs
    2020-08-05

    Introduction

    Filed under:
    USA, Banking, Insolvency & Restructuring, Proskauer Rose LLP, Private equity, Non-disclosure agreement, Coronavirus
    Authors:
    Vincent Indelicato
    Location:
    USA
    Firm:
    Proskauer Rose LLP
    Philippines: COVID-19 - Restructuring & Insolvency - Quick Reference Guide for Detecting and Addressing Distress Situations
    2020-06-26

    The world has been experiencing a massive downturn over the recent months because of the COVID-19 pandemic. Locally, the Philippine government has reactively imposed community quarantine measures of varying degrees. The actions taken have resulted in disruptions in the operations of businesses, which, in turn, have caused significant adverse consequences to economic activity and growth.

    Filed under:
    Philippines, Insolvency & Restructuring, Quisumbing Torres, Private equity, Coronavirus
    Authors:
    Donemark J. L. Calimon , Julius A. Cervantes , Maria Christina J. Macasaet-Acaban , Dennis A. Quintero
    Location:
    Philippines
    Firm:
    Quisumbing Torres
    NCLT Mumbai orders reference to arbitration in an insolvency petition under the IBC
    2020-06-26

    In a significant judgment dated 9 June 2020 titled ‘Indus Biotech Private Limited v.

    Filed under:
    India, Arbitration & ADR, Insolvency & Restructuring, Litigation, Khaitan & Co, Private equity, Title 11 of the US Code
    Authors:
    Ajay Bhargava , Wamika Trehan , Shweta Kabra
    Location:
    India
    Firm:
    Khaitan & Co
    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)
    Authors:
    Nicola Evans , Charles Rix , Jonathan Russell
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    JC Penney is in Bankruptcy. Will Amazon Snatch It Up?
    2020-06-18

    Although COVID-19 has slowed consumer spending, the pandemic may result in retailers and brands searching for good deals, such as JC Penney. Penney’s has announced that it plans to close roughly 240 of its 846 stores permanently over the next two years as part of its turnaround starting with its recent bankruptcy filing.

    Filed under:
    USA, Insolvency & Restructuring, Carpenter Wellington PLLC, Private equity, Coronavirus, Amazon.com
    Location:
    USA
    Firm:
    Carpenter Wellington PLLC
    Policy-Related Complexities in Parallel, Cross-Border Insolvency and Arbitration Proceedings
    2020-06-18

    More than a third of the world’s population is under lockdown to slow the spread of COVID-19. The virus and these responsive measures have heavily disrupted lives, communities, and healthcare systems. Many businesses have been forced to change their operations. COVID-19 is rapidly pushing companies to operate in new ways, and the resilience of systems is being tested as never before.

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Vinson & Elkins LLP, Private equity, Coronavirus
    Authors:
    Louise Woods , Adrianne L. Goins , Jessica C. Peet
    Location:
    USA
    Firm:
    Vinson & Elkins LLP

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