Forced Into Bankruptcy: The Involuntary Bankruptcy Process
When a company is facing financial distress, the question often comes up whether creditors can "force" the company into bankruptcy. Although the answer is more complicated than it may seem, this post...
View ArticleSummer 2012 Edition Of Bankruptcy Resource Now Available
The Summer 2012 edition of the Absolute Priority newsletter, published by the Bankruptcy & Restructuring group at Cooley LLP, of which I am a member, has now been released. The newsletter gives...
View ArticleUsing Chapter 11 Bankruptcy’s Sale Process To Achieve An Exceptional Sale Price
A Difficult Problem. Imagine that your company is facing a government investigation, requiring you to spend hundreds of thousands of dollars in legal fees and costs, while being threatened with...
View ArticleThe Privilege Is All Mine: What Happens To A Corporation’s Attorney-Client...
It’s well-established that a corporation has an attorney-client privilege and can assert it to keep communications between the corporation and its attorneys confidential. When a corporation is solvent,...
View ArticleDIP Financing: How Chapter 11’s Bankruptcy Loan Rules Can Be Used To Help A...
Cash Is King. An army may march on its stomach, but for companies, it’s liquidity that keeps the business going. For many companies, typical sources of liquidity, beyond cash flow from sales or other...
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A New Way Of Looking At Termination On Bankruptcy Contract Clauses
Image Courtesy of NobMouse Ken Adams, Professor Adrian Walters, and I recently collaborated on an article about the ubiquitous “termination on bankruptcy” or ipso facto clauses in contracts. The...
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You Say You Want A Dissolution: An Overview Of The Formal Corporate Wind Down
Winding Down. If a corporation’s board of directors decides that the business needs to be wound down, there are a number of legal paths to consider. Determining the best approach is fact-dependent,...
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The Venture-Backed Company Running Out Of Cash: Fiduciary Duties And Wind...
Many start-up companies backed by venture capital financing, especially those still in the development phase or which otherwise are not cash flow breakeven, at some point may face the prospect of...
View ArticleFiduciary Duties And Financial Distress In The Time Of COVID-19
The COVID-19 pandemic has caused unprecedented economic disruption, creating sudden financial distress across industries. Companies are now facing impacts ranging from a dramatic decline in revenue of...
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The Monetization Of Intellectual Property In Bankruptcy And Restructuring
ABI Panel. Last month I had the honor of speaking on a panel at the American Bankruptcy Institute’s 2022 Annual Spring Meeting in Washington, D.C. The topic of our panel was the Monetization of...
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