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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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Bloomberg
CFTC Ends Settlement Gag Rule
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Reuters
Trump Pardons Congress Fraudster
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New York Post
Short-Seller Andrew Left Seeks Mistrial
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Scotus Upholds SEC Disgorgement
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Disclosure Does More Than Inform
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Anthropic Urges Global Pause in AI
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The Governance Beat
Are Open SEC Meetings Done For?
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Securities and Exchange Commission
Draft Strategic Plan Issued for Comment
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Deal Lawyers.com
Chancery Says Membership Interest Purchase Deal Time-Bars Damages
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Wall Street Journal
Buffett Successor Puts Stamp on Berkshire Hathaway With Two Deals
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How One Tech Company Created 13 New Types of Jobs Because of AI
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DOJ Fast-Tracks Benefits Fraud Cases
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SEC Removes Faddish Climate Rule
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Sidley Enhanced Scrutiny
Delaware Chancery Rules No Control When Corporate Records Fake
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Deal Lawyers.com
Chancery Addresses Creditor Claims After Failed Sale Process
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Business Law Prof Blog
The Latest on Reincorporations
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Dealbook
Diller Plans Bid for MGM Resorts
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Financial Times
Anthropic Files for Blockbuster IPO
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D&O Diary
SpaceX IPO Filings Include Extreme “Litigation Aversion” Provisions
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Bloomberg
SpaceX Hype Spurs Crypto Shadow Market for Pre-IPO Bets
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Corporate & Securities Law Blog
Second Circuit Affirms Dismissal of Fraud Claim Over Risk Disclosures
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Government Executive
SEC Robbed During Budget Shutdown
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CoinDesk
Kalshi Sues Minnesota Over Law Criminalizing Prediction Markets
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Bloomberg
DOJ Restores Financial Crime Team
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FTI Consulting
How Geopolitics Is Shaping Deals
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Business Law Prof Blog
Why ISS Backs Reincorporation of Natural Gas Corp. from Colorado to Texas
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D&O Diary
AI-Linked Securities Suits Rising
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CoinDesk
CFTC Files to Drop Gemini Settlement
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Bloomberg
Polymarket’s Losers Are Discovering the Wisdom of Crowds
May 28, 2026
Justice Department
Google Worker Hit for Insider Trading
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Financial Times
Kirkland to Spend $500 Mln on AI Tech
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Deal Lawyers.com
Delaware Chancery Addresses the Duties of Constituency Directors
May 28, 2026
Wall Street Journal
Amazon Strikes $6 Billion Chip Deal
May 27, 2026
Freshfields' A Fresh Take
SEC Action in Footer Locker Case Big News for Whistleblower System
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Financial Times
Dimon Says JPMorgan Has $20 Billion to Spend on Possible Acquisition
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D&O Diary
Cybersecurity-Related Securities Suit Hits Cloud Data Storage Company
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Securities Regulation and Corporate Governance Monitor
SEC Exempts Officers, Directors of Some Foreign Private Issuers from 16(a)
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Bloomberg
Lawyer Seeks JPMorgan Sex Suit Exit
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New York Times
BP Ousts Chair Over Conduct Concerns
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D&O Diary
Vanguard Settles AGs’ Anti-ESG Suit
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Telegraph
Violence Up Against Crypto Billionaires
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Delaware Corporate & Commercial Litigation Blog
Chancery Rules on Overlapping LLC, Employment Agreement Claims
May 26, 2026
Bloomberg
Pope Calls for Disarming AI
May 25, 2026
Financial Times
Meta, Google AI Safety Easily Stripped
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Wall Street Journal
Kalshi, Polymarket Probed on Inside Info
May 25, 2026
New York Times
Crypto, Prediction Markets Blunt CFTC
May 25, 2026
Business Law Prof Blog
SpaceX Sticks It to Shareholder Suits
May 25, 2026
Wall Street Journal
Social Media Settle Youth-Harm Case
May 21, 2026
Bloomberg
Oura Rings Files IPO Confidentially
May 21, 2026
Freshfields' A Fresh Take
OFAC Focuses on “Sham Transactions”
May 21, 2026
The Governance Beat
SEC Plans to Ease Form S-3 Eligibility
May 21, 2026
Financial Times
Trump Abruptly Postpones AI Order
May 21, 2026
Bloomberg
OpenAI Prepares to File for IPO
May 20, 2026
Wall Street Journal
SpaceX Files for Massive IPO
May 20, 2026
Financial Times
Congressman Barney Frank Dies at 86
May 20, 2026
Sidley Enhanced Scrutiny
Delaware Chancery Rejects Fiduciary Duty, Veil-Piercing in Crypto Case
May 20, 2026
Corporate & Securities Law Blog
ISS Challenges Adviser Disclosure Law
May 20, 2026
D&O Diary
Exxon Wins Rare Securities Suit Trial
May 19, 2026
Wall Street Journal
Hidden Judges Settle Polymarket Tiffs
May 19, 2026
Bloomberg
CFTC’s Ex-Leaders Doubt It Can Handle Crypto and Prediction Markets
May 19, 2026
CoinDesk
Lawmakers Urge Trump to Fill CFTC
May 19, 2026
Delaware Corporate & Commercial Litigation Blog
Delaware Chancery Examines Fiduciary Duties of Blockholder Directors
May 19, 2026
Reuters
New Fed Chair to Be Sworn in Friday
May 18, 2026
Wall Street Journal
NextEra-Dominion Energy in $67 Bln Deal
May 18, 2026
Bloomberg
Musk Loses Case Over OpenAI Future
May 18, 2026
Delaware Corporate & Commercial Litigation Blog
Chancery Issues Civility Guidelines
May 18, 2026
Securities and Exchange Commission
SEC Rescinds No Denial Policy
May 18, 2026
The Hill
New Whistleblower Rules Encourage a Nation of Paid Informants
May 17, 2026
Financial Times
PCAOB Mulls Cutting Accounting Cops
May 17, 2026
Securities and Exchange Commission
SEC Proposes Final Adani Judgment
May 17, 2026
New York Post
Is Wall Street Bashing a Dallas Boon?
May 17, 2026
Business Law Prof Blog
How Corporate Jurisdictions Compare
May 17, 2026
Reuters
Tema Plans Prediction Markets ETF
May 14, 2026
Bloomberg
Boards Now Less Than 30% Women
May 14, 2026
New York Times
AI Chip Maker Soars Over IPO Price
May 14, 2026
Freshfields' A Fresh Take
SEC Shifts Insider Trading Playbook
May 14, 2026
Yahoo Finance
Judge Sees Musk-SEC Deal Red Flags
May 14, 2026
Deal Lawyers.com
Delaware Bankruptcy Court Refuses to Dismiss Fraudulent Transfer Claim
May 14, 2026
D&O Diary
SEC Seeking More Individual Liability
May 13, 2026
Wall Street Journal
1MDB-Scandal’s Villain Seeks Pardon
May 13, 2026
Bloomberg
Senate Confirms Fed Chair Warsh
May 13, 2026
New York Times
Geothermal Energy Firm Goes Public
May 13, 2026
Financial Times
Judge Questions Musk-SEC Resolution
May 13, 2026
Cooley M&A
SEC Cuts Minimum Tender Offer Period
May 12, 2026
Delaware Business Litigation Report
Delaware Supreme Court Addresses Implied Covenant in Earnout Dispute
May 12, 2026
New York Times
EBay Rejects GameStop’s $55 Bln Bid
May 12, 2026
Financial Times
Oil Majors Return to Alaska
May 12, 2026
Sidley Enhanced Scrutiny
U.S. Court Enforces Texas’ 3% Ownership Rule for Derivative Claims
May 12, 2026
Bloomberg
SEC Moves to End “Gag Rule”
May 12, 2026
The Governance Beat
SEC Likely to Nix Climate Disclosure
May 11, 2026
Financial Times
Sony-Blackstone in Music Rights Deal
May 11, 2026
D&O Diary
Tariff-Recovery Suits Rising Again
May 11, 2026
Reuters
Insider Trading Scandal Exposes Gaps in Law Firms’ Security
May 11, 2026
Bloomberg
SEC Audit Oversight Push Renews Questions for Enron-Era Watchdog
May 11, 2026
Semafor
Insider Trading Cases Will Get Harder
May 10, 2026
Bloomberg
Insider Traders Switched Firms Easily
May 10, 2026
Wall Street Journal
PCAOB Independence Rules Must Go
May 10, 2026
The FinReg Blog
Is Trump Token Unregistered Security?
May 10, 2026
Deal Lawyers.com
Stockholder-Pact Case Ends Like Moelis
May 10, 2026
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