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I Shall [Not] Be Released: Wellspring, Director Releases, and the Duty of Loyalty in Restructuring Negotiations

USA - January 12 2022 As we here at Ropes & Gray look back on 2021 and ahead into 2022, we call your attention to the lessons of Friedman v. Wellspring Capital Mgmt., LLC…

Matthew L. McGinnis, Benjamin M. Rhode

The PE Market Rebound and the Rise of Supply Chain Pressures

European Union, United Kingdom, USA - December 28 2021 The private equity (PE) market has rebounded from a severely disruptive Q2 2020 to post record deal values in H2 2020 and 2021. As the asset class…

Tsuyoshi Imai, Jay Kim, Elizabeth Todd, Carolyn J. Vardi

Stop Looting the Bankruptcy Code: Stop Wall Street Looting Act Proposes Substantial Changes to the Bankruptcy Code and Key Principles of Corporate Law

USA - November 19 2021 On October 20, 2021, Democratic Senators Elizabeth Warren (D-Mass.), Tammy Baldwin (D-Wisc.), Sherrod Brown (D-Ohio), and Jeff Merkley (D-Oregon)…

Gregg M. Galardi, Mark Maciuch

The Way Is Shut: Nondebtor Release Legislation Proposes Mandatory Dismissal on Account of Pre-Bankruptcy Liability Management Transactions

USA - October 13 2021 Third-party, or nondebtor, releases have continued to attract attention from both commentators and legislators in the wake of recent cases such as…

Gregg M. Galardi, Mark Maciuch

Not for You, Second Lien Creditor: Delaware Bankruptcy Court Reaffirms First Lien Intercreditor Right to Carve Out Collateral

USA - June 29 2021 The liquidity-fueled lull in restructuring activity provides both an interesting historical echo of the late 1990s and a useful opportunity for…

Daniel Gwen, Benjamin M. Rhode