Distressed Situations and Opportunities Articles
"Liability of Directors for Corporation's Losses Due to Subprime Mortgage Crisis," Corporate & Finance Alert, November 3, 2009"Low-Income Housing Tax Credits: A Financing Alternative in Difficult Times," Corporate & Finance Alert, November 3, 2009
"Show Me the Books! – Recent Developments in Stockholder Inspection Rights Under Delaware Law," Corporate & Finance Alert, November 3, 2009
"Private Fund Investment Advisers Act," Corporate & Finance Alert, November 3, 2009
"The Public-Private Investment Program - Gaining Momentum?," Corporate & Finance Alert, November 3, 2009
"Know Your SEC Reporting Positions:
SEC Gives Interpretive Advice and Guidance on Sections 13(D) and 13(G) of the Securities Exchange Act of 1934, as Amended," Corporate & Finance Alert, November 3, 2009
"Challenges and Opportunities in New Jersey: An Opportunity to Swing the Pendulum Back," Corporate & Finance Alert, October 6, 2009
"New Jersey’s Executive Order 151 Aims to Level Playing Field for Minority- and Women-Owned Businesses," Corporate & Finance Alert, October 6, 2009
"Tax Increment Financing in New Jersey Through the Economic Redevelopment and Growth Grant Program," Corporate & Finance Alert, October 6, 2009
"New Jerseyans Bite Into Federal Trade Agreements," Corporate & Finance Alert, October 6, 2009
"Alternative Energy Stimulus Funds are Finally Trickling Down," Corporate & Finance Alert, October 6, 2009
"New York Attorney General and SEC Seek to Curb Pay-to-Play Practices," Corporate & Finance Alert, October 6, 2009
"The “New” New York Power of Attorney Law: The Intended Effects and Unintended Consequences," Corporate & Finance Alert, October 6, 2009
"Buy-Side Middle Market Deals in the Distressed Economy," Corporate & Finance Alert,
September 8, 2009
"Sell-Side Middle Market Deals in the Distressed Economy," Corporate & Finance Alert,
September 8, 2009
"Public Finance Marketplace During the Turbulent Economic Times of 2009," Corporate & Finance Alert,
September 8, 2009
"New Jersey Exchanges Citi Preferred Stock," Corporate & Finance Alert,
September 8, 2009
"Distressed Debt: Forget the Vultures, Your Lenders May Be Circling," Corporate & Finance Alert,
September 8, 2009
"Business Development Companies Selling Shares in Public Offerings to Raise Money to Invest In and Acquire Distressed Middle Market Companies," Corporate & Finance Alert,
September 8, 2009
"Need To Sell A Portfolio Company? Tread Carefully.," Corporate & Finance Alert,
September 8, 2009
"FDIC Issues Final Policies on Investments in Failed Banks," Corporate & Finance Alert,
September 8, 2009
"Deadline for Voluntary Tax Disclosures is Fast Approaching - September 23rd," Corporate & Finance Alert,
September 8, 2009
"The Great Disappearing Act: What Will Become of the Federal Estate Tax in 2010 and Beyond?," Corporate & Finance Alert,
September 8, 2009
"German Parliament Adopts Changes to the Loss Utilization Rules and the Interest Cap Rules," Corporate & Finance Alert,
September 8, 2009
"SEC Proposes Adviser Custody Rule Changes," Corporate & Finance Alert,
August 4, 2009
"FINRA Sets Rules on Private Placements by FINRA Member Firms," Corporate & Finance Alert,
August 4, 2009
"Downsizing Danger: Will the WARN Act Apply?," Corporate & Finance Alert,
August 4, 2009
"SEC Proposes Rule Amendments to Facilitate Rights of Shareholders to Nominate Directors," Corporate & Finance Alert,
August 4, 2009
"SEC to Propose Rules on Investment Adviser Pay-to-Play," Corporate & Finance Alert,
August 4, 2009
"SEC Approves NYSE Rule Change Eliminating Broker Discretionary Voting for the Election of Directors," Corporate & Finance Alert,
August 4, 2009
"The Public-Private Investment Program - What's Going On? Is It Still Needed?," Corporate & Finance Alert,
August 4, 2009
"Cross-Border Middle Market Deals - In-Line With Current M&A Trends," Corporate & Finance Alert,
July 7, 2009
"Public Private Partnerships in Puerto Rico: A New Legal Framework," Corporate & Finance Alert,
July 7, 2009
"Hard Times Require Tough Export Compliance," Corporate & Finance Alert,
July 7, 2009
"An Alternative International Incentive Plan – The Internal Stock Market," Corporate & Finance Alert,
July 7, 2009
"Interest Charge Domestic International Sales Corporation - A Tax-Saving Device Available to Closely-Held Exporters," Corporate & Finance Alert,
July 7, 2009
"Found Money? Or Self Imposed Liability? Tax Pitfalls of Securing U.S. Loans with Foreign Assets," Corporate & Finance Alert,
July 7, 2009
"New Regulatory Framework for Non-European Investments in Germany," Corporate & Finance Alert,
July 7, 2009
"Letters of Credit in Cross-Border Transactions," Corporate & Finance Alert,
July 7, 2009
"What Obama's Regulatory “Overhaul” Means for Private Funds," Corporate & Finance Alert,
July 7, 2009
"Beware the Bargain Hunter. Are You Prepared for a Possible Takeover Approach?
Public Company Boards Should Check What Defenses They Have, What's Available,
and What Best Protects Long-Term Investors in Today's Uncertain Market," Corporate & Finance Alert,
June 2, 2009
"Buyer Beware: Strategies for Buyers of Companies With Underfunded Pension Plans,"
Corporate & Finance Alert, June 2, 2009
"Risk-Taking in Challenging Times: Why Risk Management is Essential to Business Strategy,"
Corporate & Finance Alert, June 2, 2009
"Tax Planning for Debt Restructuring:
Limiting COD When a Debtor Can Least Afford More Taxes,"
Corporate & Finance Alert, June 2, 2009
"Down Markets Create Liquidity and Allocation Issues for Private Equity Investors,"
Corporate & Finance Alert, June 2, 2009
"SEC to Act on Short Selling: Much Ado About Something," Corporate & Finance Alert, June 2, 2009
"The Blame Game
(Understanding your Fiduciary Duties and Protecting against Personal Liability Claims)," Corporate & Finance Alert, June 2, 2009
"Board Responsibilities in a “Down Round” Financing," Corporate & Finance Alert, May 5, 2009
"Venture Debt - Another Financing Tool," Corporate & Finance Alert, May 5, 2009
"It's Time to Pass the Torch or At Least a Portion of the Flame: Business Succession Planning in Distressed Times," Corporate & Finance Alert, May 5, 2009
"New Federal Appellate Decisions Provides Welcome Guidance on Determination of Reasonable Compensation," Corporate & Finance Alert, May 5, 2009
"Ownership Changes and Their Impact on Net Operating Losses: Tough to Avoid and Hard to Control," Corporate & Finance Alert, May 5, 2009
"FASB Adopts Statement No. 157 -- Fair Value Mark-to-Market Rules," Corporate & Finance Alert, May 5, 2009
"Environmental Agencies Place Renewed Emphasis to Financial Assurance," Corporate & Finance Alert, May 5, 2009
"Best Practices for Hedge Fund Managers - Transparency Regulations," Corporate & Finance Alert, May 5, 2009
"Business Associates, Be Hip to HIPAA: How Recent Changes in Law Will Affect Your Company for Years to Come," Corporate & Finance Alert, May 5, 2009
"The Public-Private Investment Program - Genuine Opportunity or More For the Same "Old Boy" Network? Too Early to Say," Corporate & Finance Alert, April 7, 2009
"Financing Available in Distressed Markets: Alternatives When Bank or Government Bail Out Funds Are Not Available," Corporate & Finance Alert, April 7, 2009
"Negotiating Forbearance Agreements," Corporate & Finance Alert, April 7, 2009
"Seller Financing - One Means of Getting a Deal Done," Corporate & Finance Alert, April 7, 2009
"Business Development Companies (BDCs): On the Cutting Edge of Alternative Capital in Distressed Markets," Corporate & Finance Alert, April 7, 2009
"DIP Financing Issues and Alternatives," Corporate & Finance Alert, April 7, 2009
"Using a Debt-for-Equity Swap to Acquire a Distressed Business: The Constar International Bankruptcy as a Case in Point," Corporate & Finance Alert, April 7, 2009
"Litigation in 2009: Creative Strategies Creating Opportunity Anything Other Than Business as Usual," Corporate & Finance Alert, April 7, 2009
"Show Me the Real Estate Money: Housing Highlights Under the American Recovery and Reinvestment Act of 2009," Corporate & Finance Alert, March 3, 2009
"American Recovery and Reinvestment Act of 2009
What's in it for New Jersey?," Corporate & Finance Alert, March 3, 2009
"Business Tax Provisions of Economic Stimulus Act," Corporate & Finance Alert, March 3, 2009
"The Union Of David And Goliath: Strategic Joint Ventures And Alliances For Competitive Advantage," Corporate & Finance Alert, March 3, 2009
"Funds for Clean Energy Production and Distribution," Corporate & Finance Alert, March 3, 2009
"Investment in Infrastructure," Corporate & Finance Alert, March 3, 2009
"Sweeping Stimulus Package Offers Incentives to Adopt Health Information Technology," Corporate & Finance Alert, March 3, 2009
"The American Recovery and Reinvestment Act of 2009: Impact on Tax-Exempts," Corporate & Finance Alert, March 3, 2009
"Foreclosing Foreclosures," Corporate & Finance Alert, March 3, 2009
"Opportunities Under Federal and N.J. State Stimulus Packages," Corporate & Finance Alert, February 3, 2009
"When Challenges Arise, Opportunities Follow," Corporate & Finance Alert, February 3, 2009
"Distressed Management Buyout Opportunities," Corporate & Finance Alert, February 3, 2009
"Back to the Future: TARP Provides Business Opportunities for Minority and Majority Businesses," Corporate & Finance Alert, February 3, 2009
"Some Federal Income Tax Aspects of Acquiring a Distressed Company," Corporate & Finance Alert, February 3, 2009
"2008 Stock Market Decline Could Make Some June 30 Fiscal Year Companies Eligible for Eased Disclosure Requirements," Corporate & Finance Alert, February 3, 2009
"What to Expect From Mary Schapiro's SEC," Corporate & Finance Alert, February 3, 2009
"Minimum Transaction Size Requiring Pre-Merger Notification Will Increase to $65.2 Million," Corporate & Finance Alert, February 3, 2009
"Main Street Bail Out Plan For NJ Comes Into Focus," Corporate & Finance Alert, December 30, 2008
"Sports Sponsorships: Another Bubble Burst?," Corporate & Finance Alert, December 30, 2008
"Connecticut's Tax Amnesty Program in Late Spring," Corporate & Finance Alert, December 30, 2008
"U.S. Discovery For Use in Foreign Tribunals," Corporate & Finance Alert, December 30, 2008
"Distressed M&A: Bankruptcy Code Section 363 Sales," Corporate & Finance Alert, December 23, 2008
"The Hedge Funds Are Right - This Time," Corporate & Finance Alert, December 23, 2008
"Changes to Mutual Fund Disclosure Seek To Improve Investor Understanding," Corporate & Finance Alert, December 23, 2008
"Golden Parachutes and the Intersection of the Emergency Economic Stabilization Act of 2008 and Section 409A of the Internal Revenue Code," Corporate & Finance Alert, December 23, 2008
"Distressed M&A: Article 9 Secured Party Sales," Corporate & Finance Alert, December 16, 2008
"A Run on the Hedge Funds: Redemptions -- Strategies and Responses," Corporate & Finance Alert, December 16, 2008
"Lessons from the Delaware Chancery Court," Corporate & Finance Alert, December 16, 2008
"Federally-Mandated Incorporation Transparency - A New Anti-Crime Tool in the Making?," Corporate & Finance Alert, December 16, 2008
"SEC Adopts New and Amended Rules on Ratings Agencies," Corporate & Finance Alert, December 9, 2008
"Up Periscope: Guidance on Underwater Stock Options," Corporate & Finance Alert, December 9, 2008
"Trends in the Commercial Loan Market," Corporate & Finance Alert, December 9, 2008
"OCC Conditional Approval of First “Shelf Charter” National Bank," Corporate & Finance Alert, December 9, 2008
"M&A Trends in Today’s Turbulent Credit and Economic Market," Corporate & Finance Alert, December 2, 2008
"SEC Holds Annual Forum on Small Business Capital Formation," Corporate & Finance Alert, December 2, 2008
"The Benefits of Gifting and Other Estate Planning in Tough Economic Times," Corporate & Finance Alert, December 2, 2008
"Time to Undertake Year-End Compliance Review," Corporate & Finance Alert, December 2, 2008
"Recent Changes to SEC Rules to Attract Foreign Issuers," Corporate & Finance Alert, November 25, 2008
"SEC Rule Amendments Simplify Cross-Border Transactions," Corporate & Finance Alert, November 25, 2008
"The Extraterritorial Reach of the U.S. Courts Over Foreign Private Issuers," Corporate & Finance Alert, November 25, 2008
"The German Risk Limitation Act:
A New Means of Increasing Investor Transparency," Corporate & Finance Alert, November 25, 2008
"$50 Million for Main Street?," Corporate & Finance Alert, November 18, 2008
"New Jersey Proposes Tax Relief to Attract and Retain Businesses," Corporate & Finance Alert, November 18, 2008
"New Jersey Passes Referendum to Limit State Borrowing," Corporate & Finance Alert, November 18, 2008
"New Executive Order Expands Prohibition on State Contracts for Business Entities Making Campaign Contributions," Corporate & Finance Alert, November 18, 2008
"MAC is Back! MAC is Back! MAC is Back!," Corporate & Finance Alert, November 11, 2008
"Enforcing Rights as a Private Equity Investor," Corporate & Finance Alert, November 11, 2008
"Stock Repurchases in a Declining Market," Corporate & Finance Alert, November 11, 2008
"Fiduciary Duties For Control Persons of Limited Liability Companies," Corporate & Finance Alert, November 11, 2008
"FDIC Deposit Insurance Increased Temporarily
Temporary Liquidity Guarantee Program
Money Market Investor Funding Facility," Corporate & Finance Alert, November 4, 2008
"Auditor's Assessment of and Responses to Risk: Public Company Accounting Oversight Board (PCAOB) Proposes New Auditing Standards," Corporate & Finance Alert, November 4, 2008
"Update on Claims for Lehman Prime Brokerage Assets," Corporate & Finance Alert, November 4, 2008
"Director Independence: NYSE and NASDAQ Amend Rules," Corporate & Finance Alert, November 4, 2008
"US Treasury Capital Purchase Program: The Intended and Unintended Consequences," Corporate & Finance Alert, October 28, 2008
"Update to Executive Compensation Rules Under the EESA," Corporate & Finance Alert, October 28, 2008
"Tax-Exempt Bond Market Gains Traction," Corporate & Finance Alert, October 28, 2008
"Lock Up the Greedy Wall Street Crooks?
A Prosecutor's Perspective," Corporate & Finance Alert, October 28, 2008
"Private Investment Opportunities in Troubled Assets," Corporate & Finance Alert, October 21, 2008
"Uninvited U.S. Investors? The Explosion of Unsponsored ADR Programs and the Implications for Foreign Private Issuers," Corporate & Finance Alert, October 21, 2008
"US Treasury to Buy Up to $250 Billion Senior Preferred Stock and Warrants," Corporate & Finance Alert, October 21, 2008
"SEC Adopts Rule 10b-21 and Amendments to Regulation SHO to Address "Naked" Short Selling and Fail to Deliver Scenarios," Corporate & Finance Alert, October 21, 2008
"NJ Assembly Passes Corporate Act Amendments in Response to Crisis," Corporate & Finance Alert, October 14, 2008
"Section 457A of the Internal Revenue Code," Corporate & Finance Alert, October 14, 2008
"Status of Executive Compensation Limits Under the Rescue Plan," Corporate & Finance Alert, October 14, 2008
"Foreign Private Issuers Exemption from Registration Under 1934 Act," Corporate & Finance Alert, October 14, 2008
"SEC Provides Guidance on Mark to Market Rules," Corporate & Finance Alert, October 7, 2008
"Credit Crunch Cripples Tax-Exempt Bond Market," Corporate & Finance Alert, October 7, 2008
"Emergency Economic Stabilization Act of 2008," Corporate & Finance Alert, October 7, 2008
"Follow Up: SEC Extends Short Selling Ban Rules," Corporate & Finance Alert, October 7, 2008
"Critical Time to Assess Exposure (Direct and Indirect) to “Troubled” Companies and Possible Steps to Minimize Losses," Corporate & Finance Alert, October 1, 2008
"Is Your Private Equity Investment in Trouble?
What Every Private Equity Investor Should Consider," Corporate & Finance Alert, October 1, 2008
"SEC Halts Short Selling and Imposes Reporting Requirements to Address Market Turmoil," Corporate & Finance Alert, October 1, 2008
"When a Prime Broker Fails – Critical Issues for Fund Managers in the Lehman Bankruptcy," Corporate & Finance Alert, October 1, 2008