What the Pros Say (2/12/17)

  • European Distressed DebtOrrick and Greenhill & Co. Inc. team up to summarize the state of European distressed debt in 2017.
  • Malls. Kenneth Rosen of Lowenstein Sandler LLP discusses the need for malls to diversify given a multitude of challenges to retail. 
  • Marblegate/TIA - King & Spalding LLP's Michael Rupe, W. Austin Jowers, Jeffrey Pawlitz, Christopher Boies and Michael Handler offer their thoughts on the recent much-discussed ruling on the Trust Indenture Act. 
  • Subordination. Michael Friedman and Leo Gagion of Chapman & Cutler LLP discuss the recent Ninth Circuit decision on subordination. 
  • Survey. AlixPartners released its 2017 restructuring experts survey. Read it here. And here is a summary

What the Pros Say (Week of 01/08/17)

  • Death Traps. Katharina Earle of Cole Schotz PC discusses the risks of proposing death traps in a plan.
  • Energy. The US Energy Information Administration has released its annual energy outlook with forecasts through 2050.
  • Lease Rejections. Kenneth Rosen of Lowenstein Sandler LLP articulates that BC 365(d)(4) is causing retail liquidations.
  • Makewhole. Gregory Horowitz of Kramer Levin reviews the EFIH decision.
  • Privacy. Shmuel Vasser of Dechert LLP discusses internet privacy issues in the context of international bankruptcies.
  • Professional Fees. Michael Cook of Schulte Roth & Zabel summarizes the recent In re Relativity Fashion LLC case relating to objections to investment banking transaction fees. In this instance, attempts to revisit 328-approved fees failed. For some inexplicable reason, Cook doesn't indicate whose applications were at risk - to the point of blatantly avoiding it even though the court makes no attempt to hide it. To spare you the suspense, it was Houlihan Lokey and PJT Partners LP that were attacked. 
  • Takata. Brendan Best of Varnum LLP writes about the implications of a Takata bankruptcy for trade creditors.