Corinne Ball

October 25, 2017 | New York Law Journal

In her Distress Mergers and Acquisitions column, Corinne Ball discusses two recent decisions that address whether a bankruptcy court has subject matter jurisdiction over and constitutional authority to approve third-party releases as part of plan confirmation process. In considering this question, albeit facing very different plans, the two courts came to different conclusions.

By Corinne Ball

12 minute read

August 23, 2017 | New York Law Journal

In her Distress Mergers and Acquisitions column, Corinne Ball of Jones Day writes: The SunEdison case serves as an important reminder to investors that a company's publicly-reported equity value may not be indicative of the company's true value. But this case also raises questions as to whether the process employed was the best way to arrive at the ultimate result.

By Corinne Ball

9 minute read

June 23, 2017 | New York Law Journal

In her Distress Mergers and Acquisitions column, Corinne Ball discusses renewed attempts by GM to defend against lawsuits stemming from alleged wrongdoings of its predecessor. GM argues that the tort claims brought against it are barred on a new theory based on a recent Second Circuit decision in 'In re Tronox'.

By Corinne Ball

11 minute read

April 26, 2017 | New York Law Journal

In her Distress Mergers and Acquisitions column, Corinne Ball writes: The importance of finality of bankruptcy court orders has been confirmed once again. Statutory mootness protecting §363 sales may not prevent or preclude an appeal or subsequent lawsuit, but the good faith purchaser and the transfer nevertheless continue to be insulated from appellate relief or collateral attack. The extent of that protection to other parties is unclear.

By Corinne Ball

48 minute read

February 22, 2017 | New York Law Journal

In her Distress Mergers and Acquisitions column, Corinne Ball of Jones Day discusses a recent Seventh Circuit decision that rekindled a circuit split regarding the interpretation of §546(e), which is one of the "safe harbor" provisions enacted to minimize displacement in the commodities and securities markets in the event of a major bankruptcy affecting those markets. The split results in various levels of risk for participants in financial transactions, depending on the likely venue for a later challenge.

By Corinne Ball

17 minute read

December 21, 2016 | New York Law Journal

In her Distress Mergers and Acquisitions column, Corinne Ball writes: Parties concerned with protecting sensitive information should be ready to provide concrete, factual arguments in favor of filing documents under seal. Recent New York decisions, and the 'In re Motors Liquidation Company' decision in particular, provide guidance to practitioners as to possible effective strategies for protecting such sensitive information.

By Corinne Ball

17 minute read

October 26, 2016 | New York Law Journal

In her Distress Mergers and Acquisitions column, Corinne Ball of Jones Day discusses the recent Second Circuit decision in 'Chesapeake Energy v. Bank of New York Mellon Trust', writing: 'Chesapeake' involved a dispute between bondholders and the issuing company regarding whether a "make whole" or pre-payment premium was required when the bond issue was refinanced. While the issue was discreet, the efficacy of a resort to the court for a speedy determination is now subject to question if there is an appeal pending—even one without a stay pending appeal.

By Corinne Ball

17 minute read

August 24, 2016 | New York Law Journal

In her Distress Mergers and Acquisitions, Corinne Ball of Jones Day discusses a recent decision that established precedent for an emerging debtor that seeks insolvency relief locally to impose the local insolvency framework upon its financing affiliate, despite reliance upon a different jurisdiction for domicile and choice of law to enable such affiliate to raise capital from U.S.-based investors.

By Corinne Ball

20 minute read

June 23, 2016 | New York Law Journal

In her Distress Mergers and Acquisitions column, Corinne Ball of Jones Day writes: Defaults on onshore and offshore obligations by companies in Greater China, as well as other Emerging Markets, have been increasing. Restructuring of this debt via a scheme of arrangement in tandem with a U.S. bankruptcy case may present an effective restructuring mechanism for Emerging Market enterprises.

By Corinne Ball

25 minute read

April 28, 2016 | New York Law Journal

In her Distress Mergers and Acquisitions column, Corinne Ball discusses a recent decision that places the sponsor and its management style, rather than technical ownership structure of its various investor funds, at the center of the inquiry for imposing control group (i.e., joint and several) liability for unfunded pension liabilities, at least in respect of the withdrawal penalty for multi-employer pension plans.

By Corinne Ball

31 minute read