What the Pros Say (Week of 4/2/17)

  • Jevic/Structured Dismissals. So. Many. Summaries. We understand the awkwardness of claiming to be "curated" while simply listing a dozen different firm's summaries without, at a minimum, opining as to which ones were mailed in and which ones were extensive thoughtful analyses. But, c'mon, do YOU really want to read 12 different summaries of the same case? Well, right, neither do we. Enjoy. P.S. If your firm hasn't produced one yet well...you might as well not even bother at this point.
    • Arnold & Porter Kaye Scholer (Tyler Nurnberg, Michael Messersmith, Michael Bernstein) here.
    • Bracewell LLP (Kurt Mayr, Shannon Wolf) here.
    • Dechert LLP (Mysterious Legal summary bot) here.
  • Drinker Biddle (Steven Kortanek and Patrick Jackson) here.
  • Duane Morris (Rudolph Di Massa Jr., Christopher Winter) here.
  • Foley & Lardner LLP (Charles Tabb) here
  • Kramer Levin Naftalis & Frankel LLP (Adam Rogoff, Joseph Shifer, Alana Katz) here.
  • Jones Day (Bruce Bennett, Brad Erens, Dan Moss) here.
  • O'Melveny & Meyers LLP (Evan Jones, Peter Friedman, Daniel Shamah, George Davis, John Rapisardi, Suzzanne Uhland) here
  • Sheppard Mullin Richter & Hampton LLP (Michael Lauter) here.
  • Vinson & Elkins LLP (William Wallander, David Meyer) here.
  • Winston & Strawn LLP (Everyone) here

What the Pros Say (3/26/17)

  • International Retail. Hey! Not to be defensive or anything but there's absolutely nothing "usual" about this newsletter, Baker McKenzie! In fact, ya'll didn't need to fly abroad to INSOL to know that "technology disrupters" are impacting things: you just have to read us every week! What you miss is that all of the examples you site - Uber, Alibaba and Facebook - are "platforms" matching end users with service/product providers, see, also eBay, Amazon. We highly recommend you read "Modern Monopolies" by Alex Moazed and Nicholas L. Johnson to understand more on this topic. You can get it here. See also the second chart above.
  • Jevic. Whoa. The Supreme Court decision is in. Now open the firm marketing floodgates: Willkie Farr & Gallagher LLP's Marc Abrams, Matthew Feldman, Joseph Minias and Paul Shalhoub were among the first to provide a fulsome summary of the decision. As were Weil's David Griffiths and Vincent Yiu here. And Squire Patton Boggs LLP's Kate Thomas here

What the Pros Say (Week of 12/11/16)

Featured:

  • Ignoring the podcast host's painful lack of charisma, Pachulski's Jeffrey Pomerantz provides an intriguing interview about the state of retail; he discusses macroeconomic trends, e-commerce trends, and the pros/cons of selling a retail asset pursuant to 363 or a plan (i.e., net operating loss benefits); he also draws on experience from Radio Shack, Wet Seal, Pac Sun and Delia's. Finally, he indicates that "there are rumors that Dick's Sporting Goods has hired Houlihan Lokey to pursue restructuring alternatives" and highlights Sears, Forever 21 and Claire's Stores as potential near term bankruptcy candidates. He forgot to mention J. Crew

Jones Day LLP has a lot to say...

  • 2017. Deloitte CRG's Kirk Blair predicts restructuring activity in...wait for it...energy, shipping and retail. Really going out on a limb.
  • Aeropostale. Jones Day LLP's Brad Erens summarizes the stinging defeat the company took in its efforts to equitably subordinate and/or recharacterize Sycamore Partners' claims (and limit credit bidding rights).
  • Avoidance Actions. A limited expansion of the lookback period as noted by Jones Day LLP's Amanda Parra Criste.
  • Chapter 15. Verle Roovers of Jones Day LLP provides an analysis of recent Chapter 15 precedent (Sanjel).
  • Consumer Privacy. John Drennan of Baker Donelson discusses a critical issue.
  • Equitable Mootness. G. Christopher Meyer of Squire Patton Boggs (US) LLP discusses the doctrine in the context of Detroit's Chapter 9 appeal (spoiler alert: still equitably moot).
  • Indenture Trustee Standing. Andrew Silfen, Leah Eisenberg, Jeffrey Rothleder and Jordana Renert of Arent Fox LLP collaborated on a summary of a recent NY Supreme Court decision.
  • Jevic - Structured Dismissals. Mark Salzberg from Squire Pattong Boggs LLP discusses the SCOTUS deliberations.
  • Makewhole. Simpson Thatcher is a little late to the EFIH-summary party but this is a solid memorandum by John Lobrano, Sandy Qusba, Elisha Graff and Morris Massel discussing the recent 3rd Circuit decision. As is Arent Fox LLP's summary by Andrew Silfen, Jeffrey Rothleder and Beth Brownstein here.
  • Midstream Contracts. Kathryn Coleman and Anson Frelinghuysen of Hughes Hubbard & Reed LLP provide a summary of the March SDNY decision in Sabine that still rankles Judge Jones in Texas to this day.
  • Restaurants. Edward Neiger of ASK LLP summarizes a few of the recent casual restaurant filings. We have also covered this space in here.

What the Pros Say (Week of 11/20/16)

Things must have slowed down as a lot of professionals are putting pen to paper...

  • Dead Malls. FTI Consulting provides an analysis.  
  • Deathtraps. Proskauer LLP's Daniel Desatnik discusses "death traps" as a tool in restructurings.
  • Default Interest. Troutman Sanders LLP's Penelope Parmes, Matthew Brooks and Meghan Wells discuss a recent Ninth Circuit decision.
  • Distressed Oil & Gas. Haynes & Boone LLP's Charles Beckham and Opportune LLP's Ryan Bouley discuss distressed debt and oil and gas bankruptcy
  • Election. Oaktree Capital Management's Howard Marks follows up on his pre-election letter with these insights.
  • Jevic. Rebecca Hollander of Cole Schotz LLP discusses the upcoming Supreme Court hearing.
  • LLC Blockers. Nancy Peterman of Greenberg Traurig LLP discusses blocking rights in LLC operating agreements
  • Make-Whole Analysis. Bracewell's Evan Flashen, David Lawton and Mark Dendinger review the Third Circuit's reversing opinion. As do Schulte Roth & Zabel LLP's Adam Harris, Lawrence Gelber, Michael Cook, and Lucy Kweskin here.
  • Retail and Consumer Products. FTI Consulting released its 2016 Holiday Retail Report.
  • Shipping. Bracewell's Evan Flaschen and Mark Dendinger are prolific this week, also addressing the increasingly distressed shipping space. Seward & Kissel LLP's John Ashmead, Michael Timpone, and Robert Gayda also address the distressed shipping space - highly relevant in light of this week's crazy drybulk shipper movements (see Dryships).