News & Analysis as of

Acquisitions Commercial Bankruptcy

Mintz - Bankruptcy & Restructuring Viewpoints

In re Weinstein and Mallinckrodt: Implications for Royalty Financings, M&A Earn-Outs, and Other Transactions Involving Future...

Deal structure matters, particularly in bankruptcy. The Third Circuit recently ruled that a creditor’s right to future royalty payments in a non-executory contract could be discharged in the counterparty-debtor’s bankruptcy....more

Barnea Jaffa Lande & Co.

Increasing the odds of winning in an insolvent Corporation auction

Acquiring an insolvent corporation’s operations during a legal proceeding (rehabilitation, recovery, or debt settlement) presents numerous business opportunities. However, the holding of an insolvency auction, an integral...more

White & Case LLP

Distressed US M&A volumes are on the rise

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The US appears likely to enter a default cycle in the near future, according to senior fund managers and economists. A recent bout of M&A transactions involving chapter 11 cases point in the same direction. Taking deals...more

Goodwin

Top 10 Questions About Bankruptcy Sales - A Primer on Sales Under Section 363 of the Bankruptcy Code

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A bankruptcy sale is an opportunity to potentially acquire assets at distressed pricing. A bankruptcy sale also presents prospective bidders with a level playing field to conduct due diligence, submit a bid, and compete...more

Latham & Watkins LLP

Lexology In-Depth - Acquisition And Leveraged Finance

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It was a muted start to the year for the acquisition and leveraged finance market due to a challenging macroeconomic climate. Interest rate hikes at one of the fastest paces on record, surging inflation (particularly in...more

Skadden, Arps, Slate, Meagher & Flom LLP

Insights – April 2023 | Insights

This edition of Skadden’s quarterly Insights looks at the rising number of de-SPACed companies seeking Chapter 11 protection, the growth of a market designed to assume legacy liabilities, an effort to establish...more

Robins Kaplan LLP

Microsoft to Buy Troubled Video Game Giant Activision Blizzard in $70B Deal

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Next up for Activision Blizzard, which we noted yesterday was in the midst of a 6-month process of shedding employees associated with a harassment scandal rocking its ranks: a new corporate owner. Microsoft announced its...more

Society of Corporate Compliance and Ethics...

Kasey Ingram and Rocco Debitetto on Bankruptcy and Compliance

There’s no guarantee that any company won’t end up in Chapter 11 or won’t acquire another company going through it. What does that mean for the compliance program? As Kasey Ingram, General Counsel & Chief Compliance...more

Health Care Compliance Association (HCCA)

Ingram and Debitetto on Bankruptcy and Compliance Programs

There’s no guarantee that any company won’t end up in Chapter 11 or won’t acquire another company going through it. When either happens, there are serious implications for the compliance team. As Kasey Ingram, General...more

Opportune LLP

Q&A: Oil & Gas Bankruptcies, Restructurings & Mergers Likely To Continue In 2021

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As Murphy’s law states, “Anything that can go wrong will go wrong”. This age-old adage can be applied to what the U.S. oil and gas industry has experienced through most of 2020. The U.S. shale sector continues to reel...more

Vinson & Elkins LLP

[Webinar] Distressed Upstream Oil and Gas Transactions - December 3rd, 12:00 pm - 1:00 pm CT

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This presentation provides a general overview of market changes that have occurred in the upstream oil and gas space in 2020. It further identifies alternative structures for acquiring or divesting distressed upstream oil and...more

Balch & Bingham LLP

[Webinar] Predicting the Unpredictable: Forecasting Growth and Consolidation in Energy/Oil & Gas - December 8th, 12:00 pm - 1:00...

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Are you positioning your business for growth or consolidation opportunities in 2021? Join Balch & Bingham’s Houston lawyers to hear their perspectives on how to plan now to achieve next year’s goals and maximize potential...more

World Law Group

M&A Strategies for the Acquisition of Insolvent/Financially Distressed Targets

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WLG's International Corporate Transactions and Restructuring & Insolvency Resolutions groups review and consider some of the strategic opportunities and pitfalls associated with acquiring a financially distressed target....more

Amundsen Davis LLC

[Webinar] Preparing Your Business for Sale: A Checklist for Owners - November 12th, 10:00 am - 11:00 am CT

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Preparing to sell your business can be an overwhelming endeavor. A checklist of considerations for mergers and acquisitions (M&A) transactions can ease the burden. Join Bill Hackney and Carrie Keller on Thursday, November...more

World Law Group

[Webinar] M&A Strategies for the Acquisition of Insolvent/Financially Distressed Targets - November 10th, 8:30 am ET

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As part of World Law Group's 2020 Fall eConference, the International Corporate Transactions and Restructuring & Insolvency Resolution Groups will host a public webinar "M&A Strategies for the Acquisition of...more

Latham & Watkins LLP

Transacting With Troubled Companies – 3 Tips for PE Deal Teams Navigating Stressed, Distressed, and Insolvent Acquisitions

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Successfully executing an acquisition from stress, distress, or insolvency requires a creative approach to reconcile competing interests. ...more

Greenberg Glusker LLP

Lessons for Health, Beauty & Wellness Companies [Part 3]: When to Consider Acquiring a Distressed Company

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In this short, three-part video series, Greenberg Glusker Partners Andrew Apfelberg and Brian Davidoff discuss important financial considerations for health, beauty and wellness companies in the wake of a pandemic. Part three...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 25, July 2020

Top Court Seeks Trump Administration Input on PennEast Pipeline - "The U.S. Supreme Court asked the Trump administration for input on a PennEast Pipeline Co. appeal that aims to jump-start a planned natural-gas line by...more

Robins Kaplan LLP

Financial Daily Dose 7.6.2020 | Top Story: Uber to Acquire Food Delivery Rival Postmates for $2.65 Billion

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Uber has reportedly finalized a deal to acquire Postmates for $2.65 billion in an all-stock deal, a  venture aimed at taking on DoorDash and other food delivery rivals....more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - May 2020 #4

Industry Expert Insights - We reached out to one of our Lex Mundi partners and a well-known expert in Poland in the energy and legal industries to get his thoughts on the current energy climate. Radoslaw Wasiak is a...more

White & Case LLP

Cracks show in retail as debt burden begins to bite

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Retailers faced a difficult financing market before COVID-19 appeared, but lockdowns have made the situation even tougher. High yield and leveraged loan values for retailers in North America and Western and Southern Europe...more

Nutter McClennen & Fish LLP

Finding Opportunity in Distressed Circumstances

Q:  Do opportunities exist for asset buyers in times of distress? A: Yes, valuable assets may be for sale at affordable prices in times of distress for two reasons. First, a primary means of raising liquidity for cash-starved...more

White & Case LLP

Ahead of the pack: US M&A 2019: Consumer deals fall but disruption may be a driver

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Restructurings and uncertainty are hitting the US consumer sector. Retail M&A deal volume dropped 11 percent year-on-year to 459 deals, while deal value dropped 36 percent to US$76.87 billion. Consumer M&A activity...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2020 Insights

Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more

Cadwalader, Wickersham & Taft LLP

No, You’re a Customer: Recent Second Circuit Decision Circumscribes Merit and Preempts State Law Impairment of Safe Harbor...

On December 19, 2019, the United States Court of Appeals for the Second Circuit (the “Second Circuit”) affirmed a ruling of the United States District Court for the Southern District of New York (the “District Court”)...more

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