1-Hour Program

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M&A for distressed companies and assets always has been a feature of the M&A landscape.  However, these types of transactions have become more prevalent since the COVID-19 pandemic hit, and if current prognostications prove true, these transactions will become even more common as the pandemic continues and businesses continue to suffer its economic impact.  Industries that have been most affected since the outbreak of COVID-19 include restaurants, hotels, airlines, movie theaters and live entertainment.

In this One-Hour Briefing, James P. Gerkis, a Corporate Partner at Proskauer Rose LLP, David A. Javdan, a Managing Director at Alvarez & Marsal Holdings LLC, Jack Neumark, a Partner at Fortress Investment Group, and Jackson Bender and Joseph Ehrlich, Co-National Practice Leaders for Private Equity, Family Office and M&A at Beecher Carlson Insurance Services, LLC will explore the following topics:

  • Background and legal framework of distressed M&A - 10 minutes
  • Distressed deal structures:  Advantages and disadvantages of out-of-court restructurings, plan of reorganization sales, and Section 363 transactions - 10 minutes
  • Current trends in distressed M&A - 10 minutes
  • Due diligence process and focus for distressed M&A - 10 minutes
  • Management of potential liabilities and limitations on post-closing indemnification - 10 minutes
  • Advantages and reasons for the increased use of representation and warranty insurance in distressed M&A - 10 minutes


Program Level: Update

Intended Audience: In-house counsel, outside attorneys, compliance, insurance, finance and other allied professionals involved in distressed M&A transactions

Prerequisites: None

Advanced Preparation: None

Credit Details

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