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restructuring

Should Companies Announce Reviews of Strategic Alternatives?

By Jenny Zha Giedt May 13, 2024 by renholding

A company’s announcement that it is undertaking a “review of strategic alternatives” is Wall Street code for exploring a potential sale or merger. Though no transaction may occur, the announcement signals that the company is due for a shake up, …

How Alliance Politics Skews Corporate Debt Restructurings

By Diane Lourdes Dick March 21, 2024 by renholding

Traditionally, senior lenders have wielded all the control in bankruptcy and out-of-court restructurings. They usually hold liens on all or substantially all the debtor’s assets and enjoy payment priority over virtually all other claimants. Meanwhile, modern debt instruments often contain …

How the Automated Restructuring of Tokenized Securities Can Lower the Cost of Capital

By Michael Schillig, Christoph Kletzer and Andrei Balcau February 8, 2024 by renholding

In a recent paper, we make the case for a smart contract-based automated restructuring framework that can be used by any firm that issues equity and debt securities in tokenized form. The paper is the basis for an actual smart-contract …

The Mass Tort Claimants’ Bargain

By Daniel J. Bussel January 2, 2024 by renholding

The bankruptcy system has long been the last, best hope for firms seeking to resolve overwhelming mass-tort liabilities.  The seminal case, Manville, resolved legacy asbestos liabilities through debtor and third-party funding of a claimant trust and an order channeling all …

Beyond the Twilight Zone: The Restructuring and Resurrection of Zombie Firms

By Christine Liu August 23, 2022 by renholding

Responses to financial crises can have the unfortunate effect of creating “zombie” firms, companies whose operating profits are insufficient to cover their debt service. These companies would probably have gone bankrupt without the forbearance of banks or regulators or other …

How Holdouts Put Restructuring at Risk

By Stephen J. Lubben November 23, 2021 by renholding

Corporate creditors, perhaps like Americans generally, like to think of themselves as rugged individuals who also work within a communal system.  The fundamental tension is clearest at the point of default: Too much individuality, and a small minority of creditors …

O’Melveny & Myers Discusses Predatory Priming

By Evan Jones, Jeff Norton, Sung Pak, John Rapisardi and Adam Longenbach September 23, 2020 by snehapandya

Priming transactions have been increasing in frequency during the current pandemic restructuring cycle.  Priming usually involves the debtor shifting collateral and assets away from their core lending group to support new tranches of debt that are structurally or directly senior …

Skadden Discusses UK Covid-19 Bill to Aid Business, Restructuring

By Dominic McCahill, Peter Newman and James D. Falconer May 29, 2020 by renholding

On 20 May 2020, the U.K. government published the Corporate Insolvency and Governance Bill (the bill), which includes measures designed to help businesses through the COVID-19 pandemic and features important substantive reforms to U.K. restructuring law, whose introduction has been …

The Case for Creditor Cooperation Duties in Corporate Workouts

By Horst Eidenmüller and Kristin van Zwieten May 13, 2020 by renholding

The COVID-19 pandemic is causing financial distress to economically viable firms on an unprecedented scale.  In this post, we introduce the novel idea of creditor cooperation duties to stabilize corporate workouts.

The prospect of widespread defaults by viable firms triggered …

Latham & Watkins Discusses Venezuelan Debt Dilemma

By Les Carnegie, Adam Goldberg, John Houghton, Luis Torres and Sandeep Savla November 27, 2017 by renholding

On November 2, 2017, President Maduro of the Bolivarian Republic of Venezuela announced the creation of a presidential commission, headed by Vice President El Aissami, for the “refinancing and restructuring” of Venezuela’s external debt, estimated at between US$100-150 billion.1…

Wachtell Lipton Discusses Corporate Bankruptcy and Restructuring for 2016 and 2017

By Harold S. Novikoff, Amy R. Wolf, Richard G. Mason, Eric M. Rosof and Emil A. Kleinhaus January 20, 2017 by renholding

Last year was an active but uneven one in the world of corporate bankruptcy and restructuring. On the one hand, default rates in the U.S. remained at relatively muted levels, with the continuation of low interest rates and strong (if …

Sullivan & Cromwell Discusses Sovereign Debt Litigation

By Joseph E. Neuhaus and Yuliya Neverova January 6, 2017 by renholding

In a December 22, 2016, decision in the long-running Argentine debt litigation, the United States District Court for the Southern District of New York spelled out significant limitations on prior rulings it had issued that were based on the pari …

A New Take on Solvency and Adequate Capitalization in Bankruptcy

By Michael Simkovic September 7, 2016 by renholding

Valuation, solvency, and adequate capitalization analyses play a crucial role in the process of reorganizing U.S. companies in bankruptcy.  They are central to allowance of claims, adequate protection, avoidance actions such as fraudulent transfer and preference, rejection …

Clifford Chance discusses How to Leave the EU: The Key Article 50 Issues and UK Constitutional Questions

By Kate Gibbons, Jessica Gladstone, Simon James, Dan Neidle and Phillip Souta July 12, 2016 by ilyabeylin

Much has been written and spoken in the immediate aftermath of the UK’s EU referendum about what the UK must do to leave the EU. We look at the key questions in this area, such as whether the UK has …

1 Comment  

The Fed’s TLAC Proposal Would Impose the Costs of Resolving Failed Megabanks on Ordinary Investors and Taxpayers

By Arthur E. Wilmarth, Jr. December 16, 2015 by ilyabeylin

In two previous posts,[1] I described the financial industry’s “single point of entry” (SPOE) strategy for resolving failed megabanks. The SPOE approach – which has been endorsed by the Federal Reserve Board (Fed) and other regulators – could be …

Taxes and Ability to Pay in Municipal Bankruptcy

By John P. Hunt December 1, 2015 by ilyabeylin

After languishing relatively disused for nearly eighty years, municipal bankruptcy is part of the new normal. The eyes of the nation were riveted on Detroit, and smaller filings across the country have proliferated in recent years. As Warren Buffett has …

The Financial Industry’s Bankruptcy Plan for Resolving Failed Megabanks Would Give Unwarranted Benefits to Their Executives and Wall Street Creditors

By Arthur E. Wilmarth, Jr. November 3, 2015 by ilyabeylin

In a recent post,[1] I summarized my forthcoming article critiquing the financial industry’s plan for resolving failed megabanks under Title II of the Dodd-Frank Act.[2] My article describes the industry’s “single point of entry” (SPOE) strategy for recapitalizing …

Wachtell Lipton discusses Treasury Department Seeking to Curb “Cash-Rich” and REIT Spin-Offs

By Jodi J. Schwartz, Joshua M. Holmes and David B. Sturgeon September 16, 2015 by ilyabeylin

The Treasury Department and the Internal Revenue Service have announced (in Notice 2015-59) that they are studying issues related to the qualification of certain corporate distributions as tax-free under Section 355 of the Internal Revenue Code in situations involving …

Governor Lael Brainard on Dodd-Frank at Five: Assessing Progress on Too Big to Fail

By Governor Lael Brainard July 20, 2015 by ilyabeylin

If there is one simple lesson from the crisis that we all can embrace, it is that no financial institution in America should be so big or complex that its failure would put the financial system at risk.1 Congress …

Gibson Dunn discusses MPM Silicones, LLC – The Dawn of a New Golden Age for Debtors?

By Michael A. Rosenthal, Jeffrey C. Krause and Alan Moskowitz June 23, 2015 by AJ

On May 4, 2015, the District Court for the Southern District of New York affirmed Bankruptcy Judge Robert D. Drain’s ruling confirming the chapter 11 plan of MPM Silicones, LLC. The holdings of the District Court and the Bankruptcy Court …

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SEC Updates Enforcement Manual
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Business Law Prof Blog
Are Cattle Securities Now?
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Dealbook
New Walmart CEO Sees More Growth
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The Governance Beat
SEC Silence on Proposals Leads to Suit
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D&O Diary
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Bloomberg
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Wall Street Journal
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New York Times
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Bloomberg
SEC Polices Affinity Fraudsters
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bitcoin.com
Lawmaker Blasts SEC Crypto Revamp
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Reuters
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New York Times
Warner Considers New Paramount Talks
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Sidley Enhanced Scrutiny
Shareholder Engagement Is in Flux
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Bloomberg
AI Bubble Fears Spur New Derivatives
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The Governance Beat
SEC to Crack Down on XBRL Errors
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Crypto.news
SEC to Regulate Prediction Markets?
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Deal Lawyers.com
Chancery: Avoiding Revenue Past Earnout May Breach Implied Covenant
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Business Law Prof Blog
For OpenAI, Profit Seems the Mission
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Delaware Business Litigation Report
Texas Court Uses Texas Limitations Statute Despite Delaware Law Choice
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D&O Diary
Top SEC Enforcer Vows Vigilance
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Reuters
Pfizer to Collect $29 Million from SEC’s Steven Cohen Hedge Fund Case
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Whistleblower Network News
No 2026 Payouts to SEC Whistleblowers
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Deal Lawyers.com
SEC Issues New Interpretations on Form S-4, Going Private, Tender Offers
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Reuters
Kraft Heinz Pauses Company Split
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Bill Ackman Makes a Big Bet on Meta
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The Outlook for Private Credit in 2026
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Cooley M&A
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Delaware Business Litigation Report
Chancery Nixes Discovery on Personal Misconduct in Broken Deal Case
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Bloomberg
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Reuters
Paramount Sweetens Bid for Warner
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Wall Street Journal
Tariffs Hit Ford for Another $900 Mln
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New York Times
BP Pauses Buybacks as Profit Slumps
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ThinkAdvisor
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Dealbook
Court TV Getting a New Owner
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Freshfields' A Fresh Take
Enforcers Eye Algorithmic Pricing
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Financial Advisor
Ex-SEC Enforcement Chief Urges Limits on Regulation by Enforcement
February 9, 2026
D&O Diary
Why So Many Pump-and-Dump Suits?
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Sidley Enhanced Scrutiny
Delaware Supreme Court Makes Earnouts Less Risky for M&A Buyers
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Reuters
How Paul Weiss Boss Lost Grip on Firm
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Wall Street Journal
Why Finding a Job Now Is So Hard
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Dealbook
Casinos, Prediction Markets Go to War
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The Governance Beat
Wells Fargo Wealth Quits Proxy Advisers
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D&O Diary
Oracle Hit With Massive AI Infrastructure-Related Securities Suit
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Reuters
Coca-Cola Nixes U.S. Frozen Products
February 5, 2026
Wall Street Journal
Paul Weiss Revolt Cost Chair’s Job
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Bloomberg
Bitcoin Crashes Below $65,000
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The Governance Beat
NYSE, SEC Align on Broker-Search Item
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Deloitte Repoirt
Worry Over Private-Credit Risks Grows
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Wall Street Journal
Nike Probed for Bias v. White Workers
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Reuters
Bezos’ Washington Post Guts Staff
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Dealbook
AI Construction Firm Raises $270 Mln
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D&O Diary
Securities Suit Hits Private Credit Firm
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Insurance Journal
Musk Loses Bid for Dismissal of SEC Lawsuit Over His Twitter Stake
February 4, 2026
Wall Street Journal
Disney Names Parks Chief New CEO
February 3, 2026
Bloomberg
CEOs Dislike Sucking Up to Presidents
February 3, 2026
Cleary M&A Watch
The Power of Proxy Advisers and Institutional Investors May Be Shifting
February 3, 2026
D&O Diary
Suit Claims AI-Washing Stock “Pump”
February 3, 2026
LinkedIn
When an SEC Emergency Is Not
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Reuters
January Employment Report Delayed
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Wall Street Journal
Musk Says Space X Acquired xAI
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Freshfields' A Fresh Take
DOJ Antitrust Division Announces First-Ever Whistleblower Award
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Sidley Enhanced Scrutiny
How Investor Activism Fared in 2025
February 2, 2026
D&O Diary
Chancery Allows Core De-SPAC Fiduciary Duty Claims to Proceed
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Reuters
OPEC+ to Keep Oil Output Unchanged
February 1, 2026
Securities Litigation & Enforcement
Scotus to Review Disgorgement Power
February 1, 2026
Wall Street Journal
SEC Taps Ex-EY Partner to Run PCAOB
February 1, 2026
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SEC AI Plan May Strengthen Oversight
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Apple Posts Blowout iPhone Sales
January 29, 2026
Bloomberg
Wells Fargo Boosts CEO Pay to $40 Mln
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Reuters
Space X in Merger Talks With xAI
January 29, 2026
Pensions & Investments
House Committee OKs Bill to Create SEC Public Company Advisory Board
January 29, 2026
Yale Journal on Regulation
Is President Required to Appoint SEC Commissioners of Opposing Party?
January 29, 2026
Reuters
Fed Leaves Interest Rates Unchanged
January 28, 2026
Bloomberg
Starbucks Comeback Not Just Froth
January 28, 2026
Cleary Enforcement Watch
How SEC Enforcement Has Shifted
January 28, 2026
Cornerstone Research
Less SEC Crypto Enforcement Brings Lower Crypto Recoveries
January 28, 2026
Deal Lawyers.com
Delaware Chancery Addresses Aiding, Abetting Liability of Financial Advisers
January 28, 2026
Wall Street Journal
UPS to Cut 30,000 Jobs This Year
January 27, 2026
Cleary Enforcement Watch
France Adopts In-House Legal Privilege
January 27, 2026
Sidley Enhanced Scrutiny
Delaware Chancery Adds Caremark Twist to Bankruptcy Case
January 27, 2026
D&O Diary
Fourth Circuit: Shareholder Suit, SEC Probe “Logically and Causally” Linked
January 27, 2026
Deal Lawyers.com
House Subcommittee Mulls CFIUS
January 27, 2026
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