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Seward & Kissel LLP

Operating Business Development Companies: A Brief Overview

Seward & Kissel LLP on

Business development companies (“BDCs”) were created by Congress in 1980 to serve as closed-end, venture capital funds for retail investors by financing small to mid-sized U.S. private companies. Since about 2004, BDC...more

King & Spalding

Second Circuit Refines Fraudulent Transfer Defense Under Bankruptcy Code’s “Safe Harbor” Provision

King & Spalding on

On November 27, 2023, the U.S. Court of Appeals for the Second Circuit revived some of a bankruptcy litigation trustee’s fraudulent transfer claims stemming from the leveraged buyout of apparel retailer Nine West. The lawsuit...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Bermuda Monetary Authority’s Approach to Private Equity-Owned (Re)insurers

In recent years, demographic changes and macroeconomic factors have led to significant growth in insurance markets. Within insurance markets, a much more active market in trading “back-books” of insurance liabilities has...more

Proskauer Rose LLP

Retailer’s Status as a “Financial Institution” Immunizes $1 Billion Fraudulent Transfer

Proskauer Rose LLP on

When leveraged buyouts (“LBOs”) fail, the selling shareholders are litigation targets. A common suit is a claim by a bankruptcy trustee asserting constructive fraudulent transfer claims seeking to claw-back payments to the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Insights – June 2023

This edition of Skadden’s quarterly Insights looks at the latest trends in shareholder activism, the scrutiny companies are facing over their ESG disclosures and employment considerations for using AI in the workplace, among...more

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