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Distressed M&A and Asset Acquisition

Our Distressed Mergers and Acquisitions practice is devoted to helping clients take advantage of opportunities that exist in volatile markets. Our clients benefit from a synchronized combination of traditional M&A and private equity skills, coupled with an intimate knowledge of the reorganization and bankruptcy process.

Our M&A team brings a distinctive set of attributes to meet the opportunities and challenges presented by the purchase and sale of corporate assets, both inside and outside the bankruptcy arena. We help clients acquire assets from troubled companies, and guide them through the acquisition of significant positions in debt securities that can then be used to acquire influence over the restructuring process and post-restructuring control of a target company. From due diligence to documentation to obtaining court approval, we guide clients every step of the way through these complex transactions.

We are experienced in all types of transactions, ranging from straightforward single-asset acquisitions to complex buy-outs involving multi-tiered capital structures and to minority investments that must effectively address difficult governance and liquidity issues in both publicly-held and private companies. We help clients structure investments to minimize costly bidding wars, obtain protections such as break-up and topping fees, minimize the risks of successor liability, defer and/or reduce tax liabilities, and otherwise take advantage of the procedural and substantive protections offered by bankruptcy.

We also regularly advise clients on relevant regulatory and judicial developments in areas such as tax, ERISA, antitrust, corporate governance, and securities laws as they affect the M&A environment generally.