SEC Enforcement Action Highlights Need for PE Fund Advisers to Address Potential Broker-Dealer Issue
En Banc Second Circuit Reinstates Conviction Despite Government Retention of ESI
John Bessonette represents investment firms and publicly traded and privately held companies in a wide range of debt and equity investments, restructurings, capital raises, and M&A and other transactions. He also routinely represents publicly traded companies in SEC reporting, corporate governance and related matters. Mr. Bessonette has particular experience in representing hedge funds and other investors in direct investments in debt and equity; private and public exchanges of securities, and other restructurings, acquisitions and dispositions, including in bankruptcy situations; DIP and exit financings; backstop purchase commitments and other special situations both in and out of court, including the analysis of complex credit documents, indentures and preferred equity securities. Mr. Bessonette also regularly represents public and private middle market companies in connection with the full range of transactional and corporate governance matters, with a particular emphasis on equity and debt financings, major investments, M&A, joint ventures and recapitalizations. Recent representative transactions and restructurings, in which Mr. Bessonette has represented bondholders and other creditors includes Ainsworth, Avaya, Catalyst Paper, Caesars, Clear Channel/iHeart, Colombia Clean Power, Eastman Kodak, Energy Future Holdings, Energy XXI, Gold Reserve, Molycorp, Nevada Geothermal, Orchard Brands, Patriot Coal, Resolute Forest Products (f/k/a AbitibiBowater), SP Newsprint, White Birch Paper Company and several privately held specialty finance companies among many others.