Ducera Partners LLC’s Post

🔎 Some interesting insights on #SPAC litigation, bankruptcies, settlements and the D&O insurance market for these entities. #riskmanagement #directorsandofficers #dandodiary https://lnkd.in/dDsFa_9n

This trend in private credit workout / liability management is driven in large part by the expense and commercial risk of traditional Bankruptcy. Liability management transactions take many different forms and are often preceded by other transactions designed to bolster liquidity. In-court or out-of-court, the fundamental question in a liability management exercise remains the same: does the transaction bridge the company to a credible turnaround in financial performance that can support the revised capital structure over the long-term? https://lnkd.in/e7GDJBdc

Businesses facing bankruptcy or restructuring often bring in a Chief Restructuring Officer (CRO) to guide the company, but they need to be aware of potential litigation risk exposures. Read our new whitepaper to ensure your directors and officers – and your CRO – are adequately protected during these challenging transitions.

“The volume of corporate disputes is unlikely to subside in the year ahead...The disputes market is once again booming.”   Our Founder and Managing Partner, Natasha Harrison, shares her top five dispute trends to watch out for in 2024 with The Global Legal Post.   If 2023 proved a ‘perfect storm’ for the disputes market, then 2024 is set for yet another eventful year. The uptick in litigation and arbitration has been significant with corporates, investment funds and asset managers actively using litigation to either create value, mitigate risk or reduce losses. At the same time private equity houses and hedge funds are becoming more aggressive as the economic situation declines.   Read the full article here: https://lnkd.in/eamwh6WW   #Litigation #Disputes #Restructuring 

10x 2023? Debtwire spoke to a number of restructuring advisors on their outlook for 2024 and many predict there will be a big increase in creative liability management transactions to help distressed firms restructure out of court. Scott Greenberg, global chair of Gibson Dunn’s restructuring practice, said he expects a busy year with a "combination of straight-up restructurings for companies that finally tip over and a tenfold amount of liability management transactions." Story by Huiling Cai, Madalina Iacob and Mariana Santibáñez

🚨 Judge Isgur is gearing up to potentially shake things up, in the world of liability management exercises (LMEs), with Incora's 2022 uptiering transaction now likely to be invalidated. Will be interesting to see what this could mean for the market. 📉 Since the groundbreaking #JCrew transaction, #LMEs have been a game-changer in the distressed world, offering struggling companies a much-needed lifeline. 🌟 It seems likely, however, that the impending Incora decision will define new boundaries in the space... #ProblemSolvers #BankruptcyLaw #CorporateFinance #LegalInsights #FinancialStrategy

📰 A wave of liability management exercises is affecting the technology media and telecom industry. Partners Maja Zerjal Fink and Brian Lohan discussed this trend with Ayse Kelce from Debtwire. "Companies can work within their capital structures and execute liability management exercises for various reasons, such as general distress or liquidity issues. That's a much different scenario than pursuing a deal that puts a few creditors in a better position and gets the borrower some runway, but the company does not believe it has a realistic prospect of turning its business around, " commented Brian. "If an LME transaction ends up being litigated in bankruptcy, the litigation can take the center stage and make a bankruptcy more complicated than it would be if the main focus were reorganizing the company's balance sheet and operations,” added Maja. Read more: https://lnkd.in/ePtgMZNq

Litigation funding and insurance can be crucial when pursuing a claim. In the third instalment of our Litigation Risk Management Q&A series, we speak to Navinder Grover, Partner and Co-Head of the Restructuring & Insolvency team at Trowers & Hamlins. Navinder shares his experience and insights on the importance of litigation funding and insurance and he explains why these solutions are essential and beneficial for insolvency practitioners. Watch the full series: https://lnkd.in/e6GyV75S 📽 #Howden #LitigationFunding #Insurance #RiskManagement #InsolvencyPractitioners #LegalInsights #Restructuring

🎉 Congratulations to Kroll Issuer Services for ranking as the No. 1 Agent for 2023 on Bloomberg's Global Liability Management Bond Table for the second consecutive year with 154 transactions completed. Learn more about Kroll's solutions for liability management transactions, restructurings and corporate actions of any complexity: http://ms.spr.ly/6040iU2Ow #IssuerServices #LiabilityManagement #CorporateActions

🎉 Congratulations to Kroll Issuer Services for ranking as the No. 1 Agent for 2023 on Bloomberg's Global Liability Management Bond Table for the second consecutive year with 154 transactions completed. Learn more about Kroll's solutions for liability management transactions, restructurings and corporate actions of any complexity: http://ms.spr.ly/6048im7a6 #IssuerServices #LiabilityManagement #CorporateActions