News & Analysis as of

Insolvency Acquisitions

Ice Miller

Puff, Puff, Pass the Assets: Purchasing Distressed Assets in the Cannabis Sphere

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Following years of explosive growth and regulatory change, the cannabis industry is at a turning point. Initial enthusiasm has fallen to harsh realities, and many cannabis businesses must address mounting financial pressure,...more

Conyers

The Importance of Collaborative Legal Strategy: China Medonline Inc.’s Withdrawal of Winding Up Petition and Sale of Material...

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Conyers’ litigation and corporate teams were recently pleased to assist China Medonline Inc. (the “Company“) in relation to the withdrawal of a winding-up petition against the Company in the Cayman Islands Grand Court, and in...more

Mayer Brown

Delaware Law Alert: Court of Chancery Orders Specific Performance in Acquisition of a Company Approaching Insolvency

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On March 24, 2025, Chancellor Kathaleen McCormick of the Delaware Court of Chancery issued a post-trial opinion in Desktop Metal, Inc. v. Nano Dimension Ltd.,1 ordering the parties to comply with a merger agreement and close...more

Seward & Kissel LLP

Not the Rite Stuff, Private Eyes, and Inquiring Minds

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Rite Aid bankruptcy update: report says pharmacy chain may be facing insolvency as businesses close | Fast Company - Having previously filed for bankruptcy in 2023, Rite Aid is now preparing to file a second bankruptcy...more

K&L Gates LLP

Corporate Debtors and Transactions at an Undervalue–Lessons From the UK Supreme Court: El-Husseini and Another v Invest Bank PSC

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The UK Supreme Court’s recent decision in El-Husseini and another v Invest Bank PSC [2025] UKSC 4 has clarified the circumstances in which section 423 of the Insolvency Act 1986 (the Act) provides protection against attempts...more

Goodwin

Six Considerations for Directors Navigating Distressed M&A

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Directors’ decisions face intense scrutiny during times of financial distress. A structured approach can protect stakeholder value and minimize liability....more

Arnall Golden Gregory LLP

Restructuring Roundup - February 2025

AGG’s Restructuring Roundup newsletter is a monthly update of legal issues and news affecting or related to commercial litigation and bankruptcy. The newsletter is a curation of published articles and news, and contains...more

Barnea Jaffa Lande & Co.

Increasing the odds of winning in an insolvent Corporation auction

Acquiring an insolvent corporation’s operations during a legal proceeding (rehabilitation, recovery, or debt settlement) presents numerous business opportunities. However, the holding of an insolvency auction, an integral...more

Akin Gump Strauss Hauer & Feld LLP

Updates to the UK National Security and Investment Act

Key Points - Following our Alert last month addressing the United Kingdom Government’s intentions to improve the workings of the National Security and Investment Act 2021 (NSIA), the U.K. Government has now published two new...more

White & Case LLP

Credit Bids on the rise in Australia

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Investors in the Australian market are more sophisticated than ever and – unsurprisingly – so too are the restructuring transactions being promoted by these investors. One such transaction is the credit bid. While not a...more

White & Case LLP

APAC FRI Pulse

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As 2024 comes into full swing, it is timely to reflect on the lessons from 2023 and the impact that global economies have had on the financial landscape in Australia. Post-global pandemic and in the midst of the current...more

Latham & Watkins LLP

Lexology In-Depth - Acquisition And Leveraged Finance

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It was a muted start to the year for the acquisition and leveraged finance market due to a challenging macroeconomic climate. Interest rate hikes at one of the fastest paces on record, surging inflation (particularly in...more

K&L Gates LLP

Distressed M&A in 2024 – Time to Get Ready

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Commercial activity in 2023 was bruised by higher inflation, higher borrowing costs and renewed geopolitical instability, which resulted in waning levels of business and consumer confidence as the year drew to a close. But...more

Faegre Drinker Biddle & Reath LLP

Distressed M&A Considerations

With continued headwinds that include rising interest rates, high inflation and the general sentiment of a recission that is always right around the corner, the outlook for merger and acquisition activity generally – and for...more

Buchalter

Distressed Startups: A Bankruptcy Lawyer’s Perspective

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Turmoil in the tech ecosystem and escalating sentiment that a recession in the U.S. might occur in the near-term, indicate that startups, their lenders, and investors may soon confront extreme financial challenges – and will...more

White & Case LLP

Silicon Valley Bank UK Limited – Sale to HSBC UK Regulatory Considerations

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On Monday March 13, 2023, the Bank of England announced that Silicon Valley Bank UK Limited has been sold to HSBC UK Bank Plc. The situation remains fluid, and the following Q&A reflects our understanding as of Monday...more

White & Case LLP

Down but not out: Crypto takes a hit in 2022 but is not going anywhere

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Never has the digital asset space experienced such a succession of high-profile implosions and steady flow of negative mainstream press coverage, leaving many to ask—what next? The crypto industry has endured arguably its...more

BCLP

Distressed Hotels in France

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In 2019, the French hospitality industry reached an unprecedented amount of transactions with a total volume of 4.4 billion euros compared to 1.8 billion euros in 2018, which included a large distress transaction completed by...more

BCLP

BEIS issues anticipated National Security & Investment Act market guidance notes

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Following on from its first annual report on the National Security and Investment Act (“NSIA”) in June 2022 ), on 19 July 2022 the UK’s Department for Business, Energy & Industrial Strategy (“BEIS”) published its first set of...more

Goodwin

Distress in the Hotel Sector

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The pandemic has brought much uncertainty to the hotel sector — Intermittent national and regional lockdowns, work from home mandates and restrictions around domestic and international travel have left hoteliers in the...more

A&O Shearman

Distressed or insolvent M&A: navigating the pitfalls and opportunities

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Opportunities to acquire distressed or insolvent businesses look set to accelerate later this year. What should buyers be thinking about? One of the surprising features of the pandemic, given the damage it has caused to...more

BCLP

UK National Security & Investment Bill - the Potential Ramifications for Insolvency Practitioners

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The new National Security and Investment Bill, which aims to provide the Government with the necessary powers to scrutinise and intervene in business transactions to protect national security, will introduce a mandatory...more

Latham & Watkins LLP

How will StaRUG help German companies address the impact of COVID-19?

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Looking back at the last few months, the COVID-19 pandemic has hit many companies hard and amplified disruptive trends in various sectors. In addition to other measures to address COVID-19 impact on businesses, Germany has...more

Latham & Watkins LLP

Transacting With Troubled Companies – 3 Tips for PE Deal Teams Navigating Stressed, Distressed, and Insolvent Acquisitions

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Successfully executing an acquisition from stress, distress, or insolvency requires a creative approach to reconcile competing interests. ...more

Blake, Cassels & Graydon LLP

Blakes Continuity Podcast: Distressed M&A Forecast: A Mix of Sun and Clouds

Distressed M&A may offer a silver lining for both buyers and sellers ? if you look for that break in the clouds. In episode 10 of our Continuity podcast, Blakes Partners Chris Burr and Olga Kary provide a forecast for what’s...more

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