Jay M Goffman

Jay M Goffman

June 12, 2017 | New York Law Journal

A Golden Share and the Conflict Between Freedom of Contract and Federal Policy

Jay M. Goffman and Christine A. Okike of Skadden, Arps, Slate, Meagher & Flom write: A "golden share" gives a lender a say in any subsequent decision by a borrower to seek bankruptcy protection. Lenders have long considered the "golden share" to be an effective mechanism for safeguarding their investments. Recent rulings, however, have cast doubt on the effectiveness of the "golden share" structure.

By Jay M. Goffman and Christine A. Okike

8 minute read