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    Investment Fund Activity in US Debt Restructurings
    2021-12-03

    Elizabeth McColm, Brian Bolin and Grace Hotz, Paul Weiss Rifkind Wharton & Garrison

    This is an extract from the 2022 edition of GRR's the Americas Restructuring Review. The whole publication is available here.

    In summary

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Litigation, Global Restructuring Review, Private equity, US Securities and Exchange Commission, US Department of Justice
    Location:
    USA
    Firm:
    Global Restructuring Review
    Three Key Considerations for Fund Sponsors when Participating in Bankruptcy Proceedings
    2021-07-06

    We anticipate a more assertive regulatory enforcement program under the Biden administration, particularly focused on fund managers’ conflicts of interest, advisers’ codes of ethics, and related policies and procedures relating to material nonpublic information. These concerns may be heightened for fund managers participating in bankruptcy proceedings, where competing fiduciary obligations arise, particularly in the context of serving on creditors committees.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Proskauer Rose LLP, Unsecured creditor, Securities fraud, US Securities and Exchange Commission, US Department of Justice
    Authors:
    Joshua M Newville , Erica T. Jones
    Location:
    USA
    Firm:
    Proskauer Rose LLP
    Global Healthcare Transactions Series: How COVID-19 Impacted Transactions in the United States
    2021-06-17

    After a sluggish year in 2020 for mergers and acquisitions among hospitals and health systems, 2021 has shown renewed vigor and is poised for considerable transactional activity.

    Filed under:
    USA, Competition & Antitrust, Corporate Finance/M&A, Healthcare & Life Sciences, Insolvency & Restructuring, Morgan, Lewis & Bockius LLP, Medicare, Medicaid, Supply chain, Telemedicine, Coronavirus, Personal protective equipment, Paycheck Protection Program, Federal Trade Commission (USA), Consumer Financial Protection Bureau (USA), US Department of Justice, Affordable Care Act 2010 (USA), CARES Act 2020 (USA)
    Authors:
    Janice Z. Davis , Zachary M. Johns , Ryan Kantor , Sandra J. Vrejan , Glenn E. Siegel , Mark B. Stein
    Location:
    USA
    Firm:
    Morgan, Lewis & Bockius LLP
    On Creditors’ Committees: Don’t Forget to Change Your Hat when Sitting as a Committee Member
    2021-06-03

    Michael Traison Chicago/NYC – 312.860.4230

    Michael Kwiatkowski Garden City – 516.296.9144

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cullen and Dykman LLP, US Department of Justice
    Authors:
    Michael H. Traison , Michael Kwiatkowski
    Location:
    USA
    Firm:
    Cullen and Dykman LLP
    DOJ Enforcement Actions Involving COVID-19 Relief Fraud: An Update
    2021-03-10

    Soon after Congress passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) in March 2020, the Criminal Division of the U.S. Department of Justice (DOJ) moved quickly to address potential COVID-19 related fraud. One area of early focus was the Paycheck Protection Program (PPP), a program under the CARES Act that provides loans to small businesses to help pay employees. The Fraud Section set up a team devoted to PPP fraud and, within two months of the passage of the CARES Act, had charged several individuals.

    Filed under:
    USA, Banking, Insolvency & Restructuring, White Collar Crime, Morrison & Foerster LLP, Bankruptcy, Fraud, Coronavirus, Paycheck Protection Program, US Department of Justice, Financial Crimes Enforcement Network (USA), Small Business Administration (USA), CARES Act 2020 (USA)
    Authors:
    James M. Koukios , Brian K. Kidd
    Location:
    USA
    Firm:
    Morrison & Foerster LLP
    Supreme Court ruling is a blow to Serious Fraud Office’s investigative powers
    2021-02-05

    ”The Supreme Court has today handed down its judgment in R (on the application of KBR, Inc) (Appellant) v Director of the Serious Fraud Office (Respondent) [2021] UKSC 2, an important decision relating to the Serious Fraud Office’s powers to issue notices on foreign companies under section 2(3) of the Criminal Justice Act 1987. In this article, David Savage, Head of Financial Crime looks at the case, and what the ruling means for the SFO’s investigative powers.

    Summary

    Filed under:
    United Kingdom, USA, Capital Markets, Insolvency & Restructuring, Litigation, Tax, White Collar Crime, Stewarts, Bribery, US Securities and Exchange Commission, US Department of Justice, HM Revenue and Customs (UK), Serious Fraud Office (UK)
    Location:
    United Kingdom, USA
    Firm:
    Stewarts
    They Know What You Did Last Summer: DOJ Announces First Civil Settlement Involving PPP Borrower
    2021-02-04

    The long-anticipated wave of civil enforcement actions involving participants in the Paycheck Protection Program (PPP) has begun.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, K&L Gates LLP, Paycheck Protection Program, US Department of Justice, CARES Act 2020 (USA), Financial Institutions Reform, Recovery, and Enforcement Act 1989 (USA)
    Authors:
    Christopher L. Nasson , David C. Rybicki , Neil T. Smith , D. McNair Nichols, Jr.
    Location:
    USA
    Firm:
    K&L Gates LLP
    DOJ Announces First Civil Settlement for PPP Fraud
    2021-01-25

    After bringing dozens of criminal charges against Paycheck Protection Program loan recipients in recent months, on January 12, the US Department of Justice announced its first civil settlement resolving allegations of PPP loan fraud.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Cooley LLP, Bankruptcy, Paycheck Protection Program, US Department of Justice, Financial Institutions Reform, Recovery, and Enforcement Act 1989 (USA)
    Authors:
    Daniel Grooms , Erin Estevez , Michael McMohan
    Location:
    USA
    Firm:
    Cooley LLP
    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, Sexual harassment, H-1B visa, Due diligence, Non-disclosure agreement, Cybersecurity, Coronavirus, Personal protective equipment, 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), USPTO, US Department of Labor, National Labor Relations Board (USA), Financial Crimes Enforcement Network (USA), US International Trade Commission, Office of Federal Contract Compliance Programs (USA), Microsoft, Committee on Foreign Investment in the United States, Family and Medical Leave Act 1993 (USA), Fair Labor Standards Act 1938 (USA), Americans with Disabilities Act 1990 (USA), Foreign Corrupt Practices Act 1977 (USA), Hart-Scott-Rodino Antitrust Improvements Act 1976 (USA), USMCA, CARES Act 2020 (USA)
    Location:
    USA
    Firm:
    Hogan Lovells
    Finding Opportunity in Distressed Circumstances
    2020-05-13

    A successful purchase depends not just on negotiating a two-party transaction, but rather navigating the applicable process and dealing with all the competing interests successfully to allow a bid to succeed and closing to occur.

    Q: Do opportunities exist for asset buyers in times of distress?

    Filed under:
    USA, Banking, Insolvency & Restructuring, Nutter McClennen & Fish LLP, US Department of Justice, Title 11 of the US Code
    Authors:
    Kelly L. Dutremble , John G. Loughnane
    Location:
    USA
    Firm:
    Nutter McClennen & Fish LLP

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