News & Analysis as of

Financial Distress

Nelson Mullins Riley & Scarborough LLP

Bankruptcy Refresher: What Business Leaders Should Know as Corporate Filings Increase

As economic pressures mount—higher interest rates, tighter credit, rising labor and material costs—experts warn of a potential surge in corporate bankruptcies. Bankruptcy filings through the first quarter of 2025 are already...more

Fox Rothschild LLP

Franchise Times Dealmakers Predict Cloudy Forecast for Franchise M&A in 2025

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Last month, Franchise Times held its annual “Dealmakers Week” where it offers a series of webinars with top franchise dealmakers to discuss the year’s biggest franchise deals and industry trends. The week included a...more

Husch Blackwell LLP

Cannabis Law Now Podcast - The 4-1-1 on Cannabis Receiverships from a Top Cannabis Receiver

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In this episode, Hilary Bricken sits down with Richard Ormond, one of the nation’s leading cannabis receivers and an expert in cannabis receiverships. Richard, a partner at Buchalter and the owner of Stone Blossom Capital,...more

Arnall Golden Gregory LLP

Restructuring Roundup - May 2025

AGG’s Restructuring Roundup newsletter is a monthly update of legal issues and news affecting or related to commercial litigation and bankruptcy. The newsletter is a curation of published articles and news, and contains...more

Fisher Phillips

Snapshot on Manufacturing Industry: Your Employees are Financially Stressed and it Could be Affecting Your Business

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Welcome to this edition of the FP Snapshot on the Manufacturing Industry, where we take a quick snapshot look at a recent significant workplace law development with an emphasis on how it impacts employers in the Manufacturing...more

Cooley LLP

Securities Class Action Settlement Trends: Smaller Sizes and Smaller Players, According to Cornerstone Research

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Cornerstone Research, a top consulting and expert testimony firm, recently issued its annual report analyzing securities class action settlements. Cornerstone reports that, in 2024, both total settlement dollars and the...more

IR Global

How proactive restructuring can save your business

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Financial difficulties can creep up on a business when least expected. Whether it’s due to market shifts, unexpected costs, or operational setbacks, many businesses find themselves at a crossroads: How do we turn this around...more

DarrowEverett LLP

Deferred Pay at Risk: The Hidden Dangers of Rabbi Trusts

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News that Steward Health Care executives may lose millions in unqualified retirement savings due to the company's use of a "rabbi trust" has sent a jolt through the ranks of corporate leadership. Steward's deferred...more

Offit Kurman

Director & Officer Duties: What Every Leader Should Know

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Earlier this year, the FDIC, acting as receiver for Silicon Valley Bank (“SVB”), filed a breach of fiduciary duty lawsuit against six officers and eleven directors of the bank. The FDIC alleged that these individuals ignored...more

Polsinelli

1st Quarter 2025 Analysis - TrBK Distress Indices

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The latest Polsinelli-TrBK Distress Indices Report shows that distress levels remain elevated across the U.S. economy. Although distress levels dipped slightly across the board last quarter, all indices are near their highest...more

Paul Hastings LLP

Navigating Current Challenges in Biotech M&A

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The biotech mergers and acquisitions market faces significant headwinds in the first half of 2025. These challenges include frozen capital markets, regulatory uncertainty at the Food and Drug Administration (FDA) and...more

DLA Piper

President Trump’s “Liberation Day” Tariffs – Should We Prepare for More Financial Distress and Restructuring?

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On Wednesday, 2 April 2025, President Trump announced tariffs on nearly all imports to the US. The markets responded with significant falls in both equity and debt markets. Market volatility has continued into this week. Our...more

ArentFox Schiff

Navigating the Increased Prevalence of Massachusetts Skilled Nursing Facility Receiverships

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This past year, in the wake of significant economic challenges facing the health care industry, an unprecedented number of receiverships were imposed upon skilled nursing facilities in Massachusetts. Historically,...more

Jones Day

Business Restructuring Review Vol. 24, No. 2 | March–April 2025

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Fifth circuit rules that serta simmons uptier violated credit agreement, rejects equitable mootness as bar to review of chapter 11 plan confirmation order and excises plan indemnification provision...more

Troutman Pepper Locke

Fifth Circuit Ruling Alters Uptier Transaction Landscape

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Overview: The Fifth Circuit’s highly anticipated decision on December 31, 2024, in the Serta Simmons case has significant implications for borrowers and lenders in financial distress situations. The issue on appeal concerned...more

Woodruff Sawyer

Managing Through Financial Distress: The Board’s Oversight Role and Protecting Against Litigation

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When a public company faces significant financial challenges and uncertainty, the pressure on management teams and boards of directors to make the “right” decisions intensifies. If those financial challenges are not...more

DailyPay, Inc.

Earned Wage Access Is the Safe Alternative to Workers’ Needs–Policymakers Should Respond Accordingly

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The election made it clear: Americans are concerned about their financial wellness and the economy. Too many families are navigating the fine line between stability and hardship. In fact, the Federal Reserve reports that 38%...more

Polsinelli

3rd Quarter 2024 Chapter 11, Healthcare, and Real Estate Distress Indices

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Welcome to the 3rd Quarter 2024 Report for the Polsinelli | TrBK Distress Indices. The indices use filtered Chapter 11 filings as a proxy for distress in the overall U.S. economy and certain subsectors....more

Fenwick & West LLP

More Companies are Disclosing Biodiversity Impacts

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The year after the Global Biodiversity Framework (GBF) was adopted in 2022, the number of companies reporting on their nature and biodiversity impacts increased by 43%, according to new figures from the CDP. The data shows...more

Morrison & Foerster LLP

Singapore International Commercial Court Approves First Cross-Border Pre-Packaged Scheme of Arrangement

Over the Summer, the Singapore International Commercial Court (“SICC”) issued a landmark decision in In Re No Va Land Investment Group Corp [2024] SGHC(I) 17, authored by International Judge (and MoFo alum) James Michael...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Borrower’s Approach to The Real Estate Mortgage Loan Workout

Many owners of commercial properties across the country encumbered by mortgage debt are still struggling to navigate the distressed real estate market, primarily due to their inability to pay current debt service resulting...more

DLA Piper

Delaware District Court Sheds Light on Standards for Dismissal of Chapter 11 Case Based on Bad Faith

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On August 28, 2024, Judge Gregory B. Williams of the US District Court for the District of Delaware issued a ruling in AIG Financial Products Corporation, Civ. No. 23-573, affirming an order on appeal from the Delaware...more

Arnall Golden Gregory LLP

Restructuring Roundup - August 2024

AGG’s Restructuring Roundup newsletter is a monthly update of legal issues and news affecting or related to commercial litigation and bankruptcy. The newsletter is a curation of published articles and news, and contains...more

Stotler Hayes Group, LLC

Medical Debt and Bankruptcy: Myths, Realities, and Pathways to Relief

As one of the more toxic topics in the United States political and social realms, healthcare, and the debt associated with it, is always at the tip of most people’s tongue. Whether eagerly waiting to argue for proposed...more

Troutman Pepper Locke

What Is an Assignment for the Benefit of Creditors and How Does It Differ From a Bankruptcy? - Creditor’s Rights Toolkit

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An assignment for the benefit of creditors (ABC) is a process by which a financially distressed company (referred to as the assignor) transfers its assets to a third-party fiduciary (referred to as the assignee). The assignee...more

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