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Results: 1-10 of 47

D&Os - Be Aware of Creditor Exclusion in Your Insurance Coverage
  • Dechert LLP
  • USA
  • October 11 2016

The U.S. Court of Appeals for the Fifth Circuit recently held that a Creditor Exclusion provision in D&O insurance coverage may result in significant


Recent developments in acquisition finance
  • Dechert LLP
  • USA
  • October 7 2015

When a portfolio company underperforms, a sponsor may consider various options to address the perceived performance issues, including changes to a


Clear contractual terms prevail over equitable principles in bankruptcy cases (again)
  • Dechert LLP
  • USA
  • October 6 2015

Bankruptcy courts in the U.S. are widely viewed as favorable fora for debtors, trustees and creditors' committees to pursue creative and difficult


Recent developments in acquisition finance
  • Dechert LLP
  • USA
  • March 3 2014

A recent decision of the U.S. Bankruptcy Court for the Southern District of New York examines who is an "Eligible Assignee" entitled to acquire loans


Recent developments in acquisition finance
  • Dechert LLP
  • USA
  • February 11 2015

Recent legal and regulatory developments have raised issues for those considering a loan-to-own acquisition strategy, and have continued to impact


Recent developments in acquisition finance
  • Dechert LLP
  • USA
  • August 18 2014

Several recent legal and regulatory developments in the U.S. will likely alter the makeup of the group of arrangers and financiers willing to arrange


Recent developments in acquisition finance
  • Dechert LLP
  • USA
  • July 18 2012

There have been some important recent legal developments that will likely impact acquisition finance


FDIC brings second action against directors or officers of failed banks
  • Dechert LLP
  • USA
  • November 16 2010

Industry observers have been waiting to see when bank failures arising out of the recent financial crisis would produce a wave of Federal Deposit Insurance Corporation ("FDIC") litigation similar to that seen in the early 1990s after the savings and loan crisis


FDIC issues opinion clarifying treatment of securitizations by financial companies subject to resolution under Title II of the Dodd-Frank Act
  • Dechert LLP
  • USA
  • January 3 2011

Our October 2010 DechertOnPoint "FDIC Begins Action on Its Super-Resolution Rules for Covered Financial Companies" discussed how systemically significant non-bank financial companies ("covered financial companies") may find themselves in unknown territory if the FDIC is appointed receiver for them


Bankruptcy court rejects FDIC’s claim for capital shortfall
  • Dechert LLP
  • USA
  • September 23 2010

The next few years will see the "redevelopment" of the law in two critical areas involving bank failures where the Federal Deposit Insurance Corporation ("FDIC") is appointed receiver: (i) the relative rights and claims of creditors of a bank or savings and loan holding company, including the FDIC; and (ii) D&O and professional liability