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The Chief Restructuring Officer (CRO): From Restructuring to Stakeholder Management, They Can Do It All By Todd A. Zoha • February 19, 2021
An Introduction to the Distressed Company’s Superman: The Chief Restructuring Officer The role of a Chief Restructuring Officer (“CRO”) is approximately four decades old. While still a somewhat new role…
Dealing with Corporate Distress 06: 4 Basic Chapter 11 Concepts to Know Before We Go any Further By Jonathan Friedland • February 9, 2021
The ABCs of ABCs, Business Bankruptcy, & Corporate Restructuring/Insolvency In the last two installments of this series, we introduced you to things a company should consider before deciding whether to…
Can an Executive Exert Control of Corporate Attorney-Client Privilege? By Russell C. Silberglied • February 5, 2021
Does Corporate Counsel Represent the Executive or the Company? The F-Squared Investments Bankruptcy is a Warning for Executives [Editor’s Note: Russell C. Silberglied ([email protected]) is a director of Richards, Layton…
How to Assess 3 Potential Preference Action Defenses By Robert C. Maddox • January 27, 2021
Businesses Have Options for Defending a Preference Action. Here’s How to Build the Right Defense. Your company has just been served with a preference complaint. The complaint seeks to recover…
From Penthouse to Ground Floor: The Penthouse Magazine Bankruptcy By Michele Schechter • January 20, 2021
Creative Destruction and an Inevitable Fall: What Can We Learn From the Penthouse Magazine Bankruptcy? Penthouse International, publisher of Penthouse Magazine, sold for $11.2 million in June of 2018. The…
Incorporation by Reference in UCC-1 Filings By Thomas Egan • January 13, 2021
How Brevity in Financing Statements Can Lead to Insufficient Collateral Descriptions Our fast-paced society, coupled with the tendency for people to use shorthand in communications by emails and Twitter, influences…
Law Firm Bankruptcies: The “Unfinished Business” Doctrine and the Jewel Waiver By Phillip D. Anker • January 7, 2021
The Finishing of the “Unfinished Business” Doctrine and the Jewel Waiver One of the interesting aspects of business bankruptcy cases is that both the businesses and the issues their bankruptcy…
What Distressed Businesses and Their Counsel Should Know About the Consolidated Appropriations Act 2021 and Its Effect on the Bankruptcy Code By Christopher M. Cahill • December 29, 2020
What is the Consolidated Appropriations Act? Congress passed the Consolidated Appropriations Act, 2021 on December 21, 2020, and President Trump signed the massive act into law six days later, when…
Dealing with Corporate Distress 05: The Lifecycle of a Chapter 11 Case By Jonathan Friedland • December 22, 2020
The ABCs of ABCs, Business Bankruptcy & Corporate Restructuring/Insolvency [Authors’ Note: before going any further, read Installment 4: Chapter 11—If You’ve Seen One, You’ve Seen Them All. While you can…
Lender Liability Claims are Alive and Well: A Case Study By Gary W. Marsh • December 15, 2020
Lender Liability Law Protects Distressed Borrowers from Unfair Practices The relationship between a lender and borrower can be complex. The borrower wants capital to run and grow its business, and…
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