Document(s) published by this organization: 453
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|U.S. Supreme Court Scuttles Puerto Rico’s 2014 Municipal Debt Restructuring Law|
Mark G. Douglas, Ben Rosenblum; Jones Day;
August 18, 2016, previously published on July/August 2016On June 13, 2016, the U.S. Supreme Court upheld lower court rulings declaring unconstitutional a 2014 Puerto Rico law, portions of which mirrored chapter 9 of the Bankruptcy Code, that would have allowed the commonwealth’s public instrumentalities to restructure a significant portion of...
|In Head-to-Head Contest Between Separate Debtors in Bankruptcy, Right to Reject Executory Contract Prevails|
Joseph A. Florczak; Jones Day;
August 18, 2016, previously published on July/August 2016A recent dispute in the U.S. Bankruptcy Court for the Eastern District of Missouri addressed a somewhat novel question of bankruptcy law: What is the proper standard of review when a debtor in a chapter 11 case wants to reject a contract with a counterparty that is also a chapter 11 debtor in a...
|Australia Seeks Tougher Penalties and Makes Increased Use of Commitments in Settlements|
Prudence Smith, Nick Taylor; Jones Day;
August 18, 2016, previously published on August 2016We have in recent alerts discussed the increasingly aggressive enforcement activities of the Australian Competition and Consumer Commission. Unremittingly higher penalties is one unfortunate characteristic of the ACCC's enforcement program, mitigated somewhat by its willingness to accept...
|The Third Circuit Rules That Tender Offer Prior to Confirmation of Chapter 11 Plan Is Not Prohibited by the Bankruptcy Code|
Mark G. Douglas, Charles M. (Charlie) Oellermann; Jones Day;
August 17, 2016, previously published on July/August 2016In the March/April 2015 issue of the Business Restructuring Review, we discussed a ruling by the U.S. District Court for the District of Delaware addressing the propriety of an unusual pre-confirmation tender offer in the chapter 11 cases of Energy Future Holding Corporation and its affiliates...
|Mexican National Hydrocarbons Commission Publishes Round Two Bid Guidelines|
Salvador Gallo, Francisco Pams, William Prescott Mills (Scott) Schwind (Scott), Alberto de la Parra Z.; Jones Day;
August 17, 2016, previously published on July 2016On July 20, 2016, Mexico's National Hydrocarbons Commission (Comisión Nacional de Hidrocarburos) ("CNH") published in the Mexican Official Gazette (Diario Oficial de La Federación) the bid guidelines for international public tender CNH-R02- L01/2016. This Round Two auction...
|China MOFCOM Uses New Market Definition in AB InBev's Acquisition of SABMiller|
Lawrence Wang, Peter J. Wang, Yizhe Zhang; Jones Day;
August 17, 2016, previously published on August 2016The Chinese Ministry of Commerce (MOFCOM), China’s antitrust enforcement agency for mergers, has conditionally approved the USD108 billion acquisition of SABMiller PLC by Anheuser-Busch InBev NV, in a Decision published July 29, 2016. The MOFCOM Decision requires divestiture of the 49%...
|Australian Insolvency Law Reform Process Continues|
Mark G. Douglas; Jones Day;
August 17, 2016, previously published on July/August 2016On December 7, 2015, the Australian government released its “National Innovation and Science Agenda” (the “Agenda”). In the Agenda, the government outlined its intention to make three significant reforms to Australia’s insolvency laws, adopting the recommendations of...
|A Brief Guide to Automatic Stay Waivers, Bankruptcy Remoteness, and Bad Boy Guarantees|
Mark A. Cody, Mark G. Douglas; Jones Day;
August 17, 2016, previously published on July/August 2016Astute lenders are always looking for ways to minimize exposure, protect remedies, and maximize recoveries in connection with a loan, especially with respect to borrowers that have the potential to become financially distressed. Some of these efforts have been directed toward minimizing the...
|The Third Circuit Weighs In Again on the Meaning of “Unreasonably Small Capital” in Constructively Fraudulent Transfer Avoidance Litigation|
Mark G. Douglas, Jane Rue Wittstein; Jones Day;
August 17, 2016, previously published on August 2016In the November/December 2014 edition of the Business Restructuring Review, we discussed a decision handed down by the U.S. District Court for the District of Delaware addressing the meaning of “unreasonably small capital” in the context of constructively fraudulent transfer avoidance...
|The Alternative Investment Fund Managers Directive - 2016 Update|
John C. Ahern, Christopher (Chris) Dearie, Kristen DiLemmo, John MacGarty; Jones Day;
August 16, 2016, previously published on August 2016This White Paper sets out the key features of the European Directive on Alternative Investment Fund Managers (“AIFMD”) and considers its impact on the fund managers (“AIFMs”) that fall within its scope. It is a supplement to our January 2014 White Paper and reflects on...