Category: Bankruptcy
The Effective Use of Section 363 Sales
When a company is not likely to survive a restructuring, its assets may have value to a third-party buyer. Absent legal protection, a buyer of a financially distressed business will usually be concerned that the company’s creditors could pursue the acquired business on various legal theories, including “successor liability,&rdquo...
Bankruptcy & Restructuring Roundtable Highlights
Bankruptcy – and the restructuring process – are challenging and complex endeavors, requiring a variety of tactics and resolution mechanisms. For the parties involved, financial expectations can be at odds with the reality of the situation, and knowing when to compromise and how best to proceed for your organization’s...
Bankruptcy Venue Reform and Upcoming Conference Call to Discuss Proposed Bill
What do the Dodgers, American Apparel, Rubio’s Fish Tacos, California Pizza Kitchen, MGM Studios, and Pacific Sunwear have in common? Each is an iconic Southern California brand. But that’s not all they have in common. According to statistics, over the last 20 years 143 California based companies having over $32 billion in...
A Decline In Chapter 11 Filings Allows Attorneys to Utilize Their Skills Elsewhere
Due to its relation to the state of the economy, a bankruptcy lawyer’s practice can be highly cyclical – actually, counter-cyclical. In the last 30 years or so we have seen a number of economic downturns – the bankruptcy boom of the late ‘80’s/early ‘90’s; the dot-com bubble of the...
Purdue portends a change of bankruptcy venue laws
After agreeing to settle some 2,600 separate lawsuits over the company's involvement in fostering the nation's opioid crisis, Stamford-based Purdue Pharma, the maker of OxyContin, filed for bankruptcy protection in September 2019 — in White Plains, New York, of all places. After an intensely litigated bankruptcy case over a two-year...
Bankruptcy & Restructuring - A Roundtable Discussion
Due in large part to the challenges brought on by the pandemic, Chapter 11 bankruptcy filings last year hit the highest level since 2010—a trend expected to continue throughout this year. Bankruptcy and restructuring is complex, full of twists and turns. Yet for all the expense, blame, negotiation, compromise...
License Rights and Bankruptcy: No “Silver Linings”
The Third Circuit’s decision in Spyglass Media Company v. Cohen has added to what is already a tangled web of cases dealing with the rights of licensees and licensors when one of them becomes a debtor in bankruptcy. In Spyglass , Bruce Cohen, the producer of the acclaimed film...
SAREs Revisited
Clothing stores, restaurants, gyms and other businesses find themselves in a $52 billion and growing hole of unpaid retail rent that’s been missed since April 2020. According to CoStar Group Inc. TIAA Real Estate Account – run by the giant Teachers Insurance and Annuity Association of America – noted...
Webinar Replay: Distressed Transactions
A Panel Discussion at ACG Los Angeles Virtual ConferenceBrian Davidoff, Chair of the firm's Bankruptcy Group, moderated the panel "Distressed Transactions" during the Association for Corporate Growth (ACG) - Los Angeles' Annual Business Conference. In addition to Brian, the panel featured: Paul L. Kessler, who is the Principal at Bristol Capital Advisors and Cynthia Nelson, who is a Senior...