Bankruptcy, Restructuring, and Creditors' Rights

Distressed Assets and Real Estate

Businesses affected by the real estate and capital market turmoil require creative solutions for disposition of distressed assets, restructuring debt and reworking loans to avoid foreclosures at a market bottom. Our distressed real estate assets practitioners regularly work with developers, asset owners, capital investors, private equity companies, lenders, financial institutions, investment bankers and other parties active in this complex marketplace with specific areas of focus in residential, high density residential, vineyard and winery, hotel / hospitality, and commercial properties. For example:

  • Analyze reacquired assets targeted for redevelopment or sale.
  • Structure programs to acquire, dispose, restructure or develop distressed real estate including development of debt, lease arrangements and other financing products.
  • Form of investment structures for acquisition of assets out of bankruptcy proceedings.
  • Negotiate loan workouts, forbearances, deeds-in-lieu, foreclosure proceedings compositions and release of guarantors and other debtor/creditor enforcement actions.
  • Represent clients in lender and inter-creditor matters.
  • Represent commercial landlords in dealing with insolvent or bankrupt tenants.
  • Structure, negotiate and document financing for distressed assets to be purchased or sold in bankruptcy.
  • Assist clients in their corporate reorganization or liquidation.
  • Address relevant tax and regulatory issues.

Firm Highlights

Event

The 15th Annual Santa Fe Advanced Conference on Litigating Natural Resource Damages

Jim Colopy is a speaker at the 15th Annual Santa Fe Advanced Conference on Natural Resource Damages on the panel addressing "Federal Jurisdiction: Waters of the United States.” 

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News

Legal Experts Say Opioid Coverage Disputes Far From Over

Shanti Eagle was quoted in Law360 's article "Legal Experts Say Opioid Coverage Disputes Far From Over."  Read the article here (subscription required).

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Publication

Upside: Changes in the VCAP Liability Coverage Market

Over the past few years, there's been a dramatic rise in premiums in the venture capital liability insurance market and a steady increase in claims being submitted under those policies. We're also seeing a...

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News

Farella Braun + Martel Named Among 2022 Best Places to Work

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News

LinkedIn Loses Data Appeal

Erik Olson was quoted in the article "LinkedIn Loses Data Appeal" in CDR Magazine . In the article, Erik said: We are pleased to see that the Ninth Circuit has again affirmed, in light...

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News

2022 Cannabis Insurance Market Update

Tyler Gerking was quoted in  PropertyCasualty360 's article "2022 Cannabis Insurance Market Update."  Read the full article here (subscription required). Watch the webinar "Cyber Insurance for the Cannabis Industry" here .

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Publication

hiQ’s Groundbreaking Injunction Against LinkedIn Reaffirmed: Scraping of Publicly Available Data Likely Does Not Violate CFAA

The U.S. Court of Appeals for the Ninth Circuit has affirmed its prior decision , holding that LinkedIn could not block hiQ, a scraping entity, from scraping public LinkedIn profiles. The court found it was...

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Publication

Illinois Courts Largely Favor Coverage for BIPA Cases Under CGL Policies

Since Illinois passed its Biometric Information Privacy Act (BIPA) in 2008, there has been a proliferation of class action lawsuits filed pursuant to the statute. BIPA generally bars private entities from collecting, capturing, purchasing...

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Publication

Election Year Issues for Private Foundations and Public Charities (Webinar)

Cynthia Rowland discusses Nonprofit Education Series on "Election Year Issues for Private Foundations and Public Charities." Public and private foundations may support nonpartisan election-related activities, but only in limited ways and amounts. Join our interactive live...

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Publication

Platform Ecosystems – The Landscape of US and EU Legislation (Webinar)

Stephanie Skaff and Nate Garhart discuss "Platform Ecosystems – The Landscape of US and EU Legislation." Several new bills targeting online platform companies are making their way through state and federal legislative bodies in the...

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