Proportionality: The (Not So) New Kid on the Block
Prepackaged Bankruptcy: Is It Right for Your Company?
In today’s constrained financial environment, private equity and hedge funds face a number of challenges that are changing both the nature and structuring of their deals. Alternative asset management entities are seeking to exploit opportunities in distressed markets and involving troubled companies or assets, and a new atmosphere of caution and circumspection attends the negotiation of virtually every transaction. These trends play directly to the strengths of our Private Equity and Hedge Funds group. Our lawyers have long been known for their skills in the bankruptcy and restructuring area, and our clients in the middle market value their creativity in any transaction that involves distressed assets or novel deal structures. At the same time, our deep understanding of both the legal requirements and the business goals of these transactions makes us unusually sensitive to the cautious postures on both sides of the negotiating table. Our firm-wide emphasis on small, efficient teams with heavy senior participation gives us the nimbleness to react quickly and decisively to situational issues, and is fully consistent with our middle market clients’ demands for partner involvement. And by working closely with the world-class attorneys in our other departments—especially the Bankruptcy and Tax groups—we bring uncommon sophistication to middle market transactions of all kinds. We also enjoy a thriving practice in the joint venture area. We regularly pair our financial clients with management teams in a number of industries to exploit opportunities in those industries or distressed markets. An alternative to buyouts, these joint ventures are, by nature, long-term relationships, and as such they require complex structuring from the financial and tax perspectives. Our vast experience and strong relationships in the financial services industry give us a natural advantage in navigating these complexities. Our main areas of focus are: