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Publications (565)

Publications

Fifth Circuit Affirms Shareholder Veto of Chapter 11 Petition

July 2018

“Federal law does not prevent a bona fide shareholder from exercising its right to vote against a bankruptcy petition just because it is also an unsecured creditor,” held the U.S. Court of Appeals for the Fifth Circuit in Franchise...

Publications

Venezuela Sanctions Complicate Compliance for Companies

June 25, 2018

On May 21, 2018, in response to recent activities of the Maduro regime, President Trump issued a new Executive Order, “Prohibiting Certain Additional Transactions with Respect to Venezuela.” Previous sanctions under Executive Order 13808,...

Publications

New Licenses Ease Ukraine, Russia Business Wind-Downs

June 19, 2018

On May 22, 2018, the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) issued two Ukraine/Russia-related general licenses in its continued effort to allow U.S. persons to divest from relationships that violate...

Publications

Court of Appeals Rejects Unavailability of Insurance Exception

June 18, 2018

If a company did not have insurance for a period of time, does it matter why? Does it matter whether the company did not have insurance because the company chose not to purchase it or because it was not available in the marketplace? In this article,...

Publications

Market Trends 2017/18: Mezzanine Financing

June 2018

Mezzanine debt is a financing vehicle that typically serves as a bridge between debt and equity in a borrower’s capital stack. While more expensive than a senior mortgage loan, mezzanine debt is often less expensive than equity and allows the...

Publications

Two New Decisions Clarify Chapter 15 Requirements

May 17, 2018

In April 2018, two decisions from the Southern District of New York were added to the burgeoning body of case law under Chapter 15 of the Bankruptcy Code. The decisions addressed (1) whether nonconsensual third-party releases granted in a foreign...

Publications

US CLOs: The End of US Risk Retention for Collateral Managers?

May 2018

Partners Craig Stein and Phillip Azzollini co-authored the “U.S. CLOs: The End of U.S. Risk Retention for Collateral Managers?” chapter for The International Comparative Legal Guide to: Securitisation 2018. With contributions from partner...