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Liquidity Crises and Fiduciary Duties of Directors of Early-Stage Companies

The FDIC receiverships of Silicon Valley Bank and Signature Bank have caused certain early-stage companies to face potentially crippling near-term liquidity issues. These liquidity issues may result in a company becoming...more

10 Tips for Navigating a Liquidity Crunch as a Startup or Emerging Company

The March 2023 banking crisis has been an unexpected “stress test” for dealing with liquidity issues. When state regulators closed Silicon Valley Bank this past Friday, many startups understandably faced severe liquidity...more

Q1 MoFo Insights – U.S. Private Company Investment Impact (Part I)

As the coronavirus (COVID-19) outbreak continues to impact business, markets, and society at large, our attorneys who work with private equity (PE) clients in the U.S. have been having conversations with those clients about...more

Coronavirus (COVID-19): Dealing With Customers in Financial Distress

The COVID-19 pandemic is a public health crisis unprecedented in modern history, and the resulting economic dislocation has caused financial distress across supply chains worldwide. In light of this extraordinary...more

The Supreme Court Clarifies a Trademark Licensee’s Rights After Rejection in Bankruptcy

The Supreme Court’s recent decision in Mission Product Holdings, Inc., v. Tempnology, LLC clarifies that a debtor-licensor’s rejection of a trademark license under § 365(a) of the Bankruptcy Code is treated as a breach, and...more

Closing in on Make-Wholes: The Fifth Circuit’s Ultra Decision

On January 17, 2019, the United States Court of Appeals for the Fifth Circuit (the “FifthCircuit”) issued a decision in In re Ultra Petroleum Corp. that could have significant implications for creditors seeking payment of...more

Court Approves Exculpation in Structured Dismissal

On June 27, 2018, Judge Kevin Carey of the United States Bankruptcy Court for the District of Delaware ruled that a dismissal order in a bankruptcy case could provide for exculpation of the estate fiduciaries and their...more

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