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Private Equity Firms Probed by U.S. on Overlapping Board Seats

Submitted by jhartgen@abi.org on

Blackstone Inc., Apollo Global Management Inc. and KKR & Co. are among private equity firms that are facing a Justice Department investigation into whether they influence boards across corporate America in ways that violate antitrust laws, Bloomberg News reported. Federal investigators are examining whether private equity firms’ practice of placing executives on boards of companies in the same sector harms competition. Antitrust enforcers are concerned that board directors with seats on rivals in the same sector could influence those companies to act in ways that maximize gains for all — instead of competing vigorously to provide the best services or lowest prices to consumers. The Justice Department’s antitrust division has sent so-called civil investigative demands, which are similar to subpoenas, to Blackstone, Apollo and KKR on this matter, the people said. The firms are among a swath of large and small private equity companies that have been sent the letters in the past month. The new inquiry is separate from routine antitrust reviews of deals that are before the agency.

Success Fee Dispute Arising Post-Effective Date Is a Core Bankruptcy Matter When Its Resolution Requires Interpretation of Plan Injunction

A plan sponsor’s financial advisor sues the plan sponsor and reorganized debtor for payment of a success fee arising from a purported financing transaction that allegedly closed post-effective date. In what forum should the suit be resolved? According to a recent decision from the Third Circuit, the suit is squarely within the jurisdiction of the bankruptcy court when such claims and issues require interpretation and enforcement of a plan injunction. [1]

The Intersection of the 1111(b) Election and Subchapter V

As subchapter V matters continue to become a meaningful part of an insolvency practice, lawyers and financial advisors should be aware of the nuances that can arise in such matters when they intersect with the more complicated areas of bankruptcy law. The § 1111(b) election within a subchapter V matter falls squarely within this realm, and its application has led some cases into uncharted territory.

Taking the Road Less Traveled: Three Alternatives to Chapter 11 for Suppliers in the Post-COVID Era

The onset of the COVID-19 pandemic has disrupted every level of the supply chain for suppliers and manufacturers. However, despite the added stress of a strained supply chain, labor shortages and the rising costs of raw materials, suppliers have largely avoided the chapter 11 process. In lieu of filing a bankruptcy petition, manufacturers and suppliers have sought out nonbankruptcy remedies, including out-of-court workouts, state law assignments for the benefit of creditors, and Article 9 of the Uniform Commercial Code (UCC) enforcement rights.

Co-Chairs Corner: A Governance Subcommittee of ABI’s Financial Advisors and Investment Banking Committee

Hello! I was recently appointed co-chair of ABI’s Financial Advisors and Investment Banking (FAIB) Committee, and I could not be more excited. I’m a restructuring/bankruptcy partner at Young Conaway Stargatt & Taylor, LLP, and have been in the business for more than 27 years. The goal of my involvement is to leverage the expertise of the members of the FAIB ABI’s other committees to develop programming focused on numerous aspects of distressed governance.

Private Dealmaking Set to Rise, Widening Public Markets Gap

Submitted by jhartgen@abi.org on

Private capital investors expect to increase their volume of dealmaking globally in the coming months, widening the chasm with moribund public markets, Bloomberg News reported. Two-thirds of 30 investment firms surveyed by UK investment bank Numis Securities Ltd. see an increase in the number of private companies raising capital in the next six months, according to Rachel Stott, an associate director on the bank’s growth capital solutions team. Respondents included Softbank Group Corp., Andreessen Horowitz and General Catalyst. “While most remain deeply pessimistic about the macro environment, with nine in ten anticipating worse conditions ahead, the overarching and encouraging theme we are hearing from investors is that activity levels will pick up,” Stott said in a interview. Even the largest startups are turning to deep private capital pools to fund investment, while shunning public market listings given declining risk appetite. But stock market volatility has weighed on valuations recently, causing some private firms to swallow hefty markdowns.

Is the Crypto Crash Over? Bitcoin Is Up More than 20% from Last Week's Lows

Submitted by ckanon@abi.org on
Bitcoin investors are, finally, getting some relief, Money reported. The cryptocurrency's price climbed this week to around $24,000 — a price investors haven't seen since mid-June. While still a far cry from its high of $68,000 last November, this is a significant rally from even just last week, when bitcoin cost around $19,000 per coin. Could bitcoin's rally mean the cryptocurrency's price has bottomed out and is on the road to recovery? The cryptomarket is not only dealing with changes in the Federal Reserve's economic policy, but also an erosion of trust. In May, cryptocurrency luna and its associated "stablecoin" terra collapsed, wiping out billions of dollars. More recently, cryptolenders like Celsius, Babel and Vauld paused users' withdrawals amid volatile market conditions, and Celsius, Voyager Digital and crypto hedge fund Three Arrows have filed for bankruptcy. With those events still only in the recent rearview mirror — and with cryptoprices being so unpredictable — it's impossible to know where the market is heading. But some believe things are looking up.