April 23, 2015 | New York Law Journal
Risk Management in Exiting an Equity Investment: 'Tristar'In her Distress Mergers & Acquisitions column, Corinne Ball discusses a recent decision in which the Ninth Circuit held that a creditor's debt claim that was based on a state court judgment should be subordinated because the judgment arose from a dispute years prior regarding the purchase of an equity interest.
By Corinne Ball
11 minute read
April 22, 2015 | New York Law Journal
Risk Management in Exiting an Equity Investment: 'Tristar'In her Distress Mergers & Acquisitions column, Corinne Ball discusses a recent decision in which the Ninth Circuit held that a creditor's debt claim that was based on a state court judgment should be subordinated because the judgment arose from a dispute years prior regarding the purchase of an equity interest.
By Corinne Ball
11 minute read
February 26, 2015 | New York Law Journal
'Tackett' Reverses Precedent in the Labor, Retiree ArenaCorinne Ball and Jessica Kastin of Jones Day write: In 'Tackett', the Supreme Court overruled long-standing precedent in the Sixth Circuit, which will likely make it easier for employers and acquirors to defeat arguments that retirees are entitled to lifetime health benefits.
By Corinne Ball and Jessica Kastin
13 minute read
February 25, 2015 | New York Law Journal
'Tackett' Reverses Precedent in the Labor, Retiree ArenaCorinne Ball and Jessica Kastin of Jones Day write: In 'Tackett', the Supreme Court overruled long-standing precedent in the Sixth Circuit, which will likely make it easier for employers and acquirors to defeat arguments that retirees are entitled to lifetime health benefits.
By Corinne Ball and Jessica Kastin
13 minute read
October 23, 2014 | New York Law Journal
'Revel' Reminds That Rights of Bidders Are LimitedIn her Distress Mergers and Acquisitions column, Corinne Ball, a partner at Jones Day, writes: 'Revel' illustrates for potential asset purchasers that the rights of bidders in bankruptcy sale auctions are limited to objections addressing the integrity of the sale process.
By Corinne Ball
11 minute read
August 28, 2014 | New York Law Journal
LightSquared Contest Continues: Court Denies 'Unfair' PlanIn her Distress Mergers & Acquisitions column, Corinne Ball, a partner at Jones Day, writes: A competitor's attempt to take over a debtor through its debt may be subject to judicial scrutiny, as discussed in the decision issued by Bankruptcy Judge Shelley C. Chapman in the LightSquared case. Chapman concluded that separate competitor classification was appropriate, but denied designation and confirmation.
By Corinne Ball
12 minute read
June 26, 2014 | New York Law Journal
Bankruptcy Court Foils Competitor's Attempted TakeoverIn her Distress Mergers & Acquisitions column, Corinne Ball, a partner at Jones Day, discusses 'In re LightSquared', in which an activist distressed investor faces the subordination or disallowance of his claim due to what the bankruptcy court determined was the investor's inequitable conduct with the intent to manipulate the bankruptcy proceedings and the bankruptcy court.
By Corinne Ball
12 minute read
April 24, 2014 | New York Law Journal
'Emoral': Third Circuit Provides Comfort to Distressed PurchasersIn her Distress Mergers and Acquisitions column, Corinne Ball, a partner at Jones Day, writes about a recent Third Circuit decision in which the court held that prepetition personal injury claims that relied upon the "mere continuation" theory of successor liability were, in reality, causes of action that were property of the bankruptcy estate and thus eligible for settlement, release and discharge through the bankruptcy court.
By Corinne Ball
13 minute read
February 27, 2014 | New York Law Journal
'Philadelphia Newspapers' Footnote Survives 'RadLAX'In her Distress Mergers & Acquisitions column, Corinne Ball, a partner at Jones Day, writes: In the wake of 'Fisker Automotive', secured creditors may think twice before acquiring secured debt with a view towards using that debt as acquisition currency through credit bidding.
By Corinne Ball
12 minute read
December 26, 2013 | New York Law Journal
The Poison Put: Debt Terms May Present Fiduciary IssuesIn her Distress Mergers & Acquisitions column, Corinne Ball, a partner at Jones Day, writes: Poison put provisions trigger full payment of debt at face value upon certain events such as a change in a majority of the board of directors unless a majority of the new board consists of incumbent directors or directors approved by the incumbent directors. These provisions are usually intended to protect lenders. However, poison put provisions also have the potential effect of making the target less attractive to a corporate raider or a white knight by imposing costs on a change in control.
By Corinne Ball
15 minute read
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