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Liability Management Transactions (Part II): Drop-down Transactions

As we discussed on Part I of this series, liability management transactions have become commonplace in the restructuring arena. Both “uptier” and “drop-down” transactions are often viewed as viable options for distressed...more

Liability Management Transactions (Part I): Uptier Transactions

While there are many different types of liability management transactions, two forms of these transactions have recently become more common: (i) uptier transactions (which are discussed in Part I of this OnPoint), and (ii)...more

First Circuit Holds that Fifth Amendment Takings Claims Must be Paid in Full

The U.S. Court of Appeals for the First Circuit recently ruled in the Puerto Rico bankruptcy case that Fifth Amendment takings claims cannot be discharged or impaired by a bankruptcy plan. As a matter of first impression in...more

The UCC and Emerging Technologies: Proposed Amendments

Emerging technologies, such as bitcoin, blockchain and non-fungible tokens (“NFTs”), have led to the creation of massive alternative investment vehicles, additional portfolio diversification as well as expansion of the...more

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