Oct 24, 2024 To NDA or Not to NDA?: Ad Hoc Creditors’ Committees and “No MNPI” Rubber-Stamps By Madlyn Primoff Kimberly Zelnick Samantha Braunstein David Nicolardi +1 more... Show less Non-Disclosure Agreements (“NDAs”) with distressed borrowers and issuers have become a significant piece of the restructuring puzzle. A...
Dec 18, 2023 Key Takeaways for Private Credit from the Debtwire Restructuring Forum By Damian Ridealgh H.T. Flanagan Mark Liscio Madlyn Primoff Scott Talmadge Andrea Basham +3 more... Show less The Debtwire Restructuring Forum brought together a wide array of private credit lenders, opportunistic investors, restructuring...
May 04, 2022 The impact of the energy transition: restructuring your investment without losing your international treaty rights By Hinda Rabkin Noiana Marigo Diego Perez At the COP26 climate summit in November 2021, over forty countries committed to phase out use of coal-fired power. Even before this...
Mar 16, 2022 Death by a Thousand Cuts: Cumulative Trustee-Friendly Rulings on Bankruptcy Code Claw Back Provisions Are Unfairly Burdening Subsequent Transferees By David Livshiz Madlyn Primoff Timothy Harkness Christian Vandergeest +1 more... Show less The Supreme Court recently denied certiorari in Picard v. Citibank, in which the petitioner sought review of a Second Circuit decision on...
Jan 19, 2022 Distressed Financing Pitfalls: When Execution Goes Off Track (Part 4) By Samantha Braunstein Lacey Nemergut In Parts 1, 2 and 3 we covered some easy traps to fall into when trying to execute a distressed financing transaction but we can’t stop...
Dec 16, 2021 Board Memo 2022: Sustainability and Beyond By Pamela Marcogliese Elizabeth Bieber Sebastian Fain Freshfields is pleased to announce our annual Board Memo 2022: Sustainability and Beyond. This year’s report focuses on guiding boards...
Nov 30, 2021 Distressed Financing Pitfalls: When Execution Goes Off Track (Part 3) By Samantha Braunstein Lacey Nemergut After highlighting some deal mechanics that may appear straightforward in the term sheet stage but can present significant pitfalls...
Oct 21, 2021 Distressed Financing Pitfalls: When Execution Goes Off Track (Part 2) By Samantha Braunstein Lacey Nemergut Welcome back to our blog post series on those distressed financing pitfalls that may seem like little bumps in the road but can cause...
Sep 27, 2021 Distressed Financing Pitfalls: When Execution Goes Off Track (Part 1) By Samantha Braunstein Lacey Nemergut The product of complex negotiations, solutions to distressed credits typically require creative problem-solving and prompt...
Apr 26, 2021 Cross Border Restructurings and Releases of Non-Debtor Guarantors: Chapter 15 Update By Madlyn Primoff Alex Rich Third-party releases, particularly releases of non-debtor affiliated guarantors, are commonly a critical feature of a successful...
Apr 07, 2021 Should the Scope of the Safe Harbor for a Constructive Trust Claim Differ Depending on Whether the Claim Is Based on State Law or Foreign Law? By Madlyn Primoff David Livshiz Travis Panneck In connection with the Fairfield Sentry Chapter 15 case, the U.S. Bankruptcy Court for the Southern District of New York recently denied...
Mar 11, 2021 Distressed businesses can be good targets for SPACs By Madlyn Primoff Michael Levitt Tuna fish and spaghetti with marinara sauce? Perhaps not the first thing we think of when presented with tuna or tomato sauce, but it...