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Reps and Warranties Insurance in Bankruptcy and Insolvency

The Restructuring Report

July 24, 2020

Reps and warranties insurance, which has become common in conventional M&A transactions, is now being marketed for use in distressed transactions, including 363 bankruptcy sales. How will that work and can it help facilitate a more robust and competitive sale process?

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COVID-19 Job Losses and the Importance of the Updated Minnesota Exemptions

The Restructuring Report

July 24, 2020

Minnesota exemptions were recently updated, increasing the amount of assets that individuals may protect.

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SEC Declines to Further Extend Filing Deadlines Beyond July 1, 2020

The Ticker

July 9, 2020

The SEC responded to the COVID-19 pandemic by providing public companies with a 45-day extension to file certain disclosure reports that would otherwise have been due on or before July 1, 2020. In a statement dated June 26, 2020, the SEC declined to extend this relief beyond July 1.

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SEC Supplements COVID-19 Disclosure Guidance

The Ticker

July 9, 2020

On June 23, 2020, approximately two months after issuing “CF Disclosure Guidance: Topic No. 9,” the SEC’s Division of Corporation Finance issued “CF Disclosure Guidance: Topic No. 9A” to provide additional guidance regarding operations, liquidity, and capital resources disclosures companies should consider with respect to COVID-19.

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SEC Chief Accountant Stresses Continued Importance of High-Quality Financial Reporting

The Ticker

July 9, 2020

On June 23, 2020, with many public companies preparing for their second quarter financial reporting process, the SEC’s Chief Accountant issued a statement emphasizing the continued importance of high-quality financial reporting in light of the significant impacts of COVID-19.

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SEC Relaxes Certain Crowdfunding Rules through August 31, 2020

The Ticker

July 9, 2020

The SEC recently adopted temporary final rules to expedite the offering process for small businesses affected by COVID-19 that are seeking to meet their funding needs through the offer and sale of securities pursuant to Regulation Crowdfunding.

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In Response to Recent Corporate Statements on Racial Justice, New York Comptroller Urges Companies to Disclose Workforce Diversity Data

The Ticker

July 9, 2020

On July 1, 2020, New York City Comptroller Scott M. Stringer announced an initiative calling on companies who recently issued supportive statements on racial equality to publicly disclose the composition of their workforce by race, ethnicity and gender.

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Serving Up Some Help: How Subchapter V Can Solve Problems for Service Industry Debtors During the Time of COVID-19

The Restructuring Report

June 25, 2020

As COVID-19 continues to devastate the U.S. and local economies, the service industry in particular has experienced substantial declines in both business and profits. However, the new Subchapter V of Chapter 11 of the Bankruptcy Code and the CARES Act have provided service industry debtors with new and potentially life-saving tools to solve their unique debt issues moving forward.

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Developments in PPP Loans: Sidestepping the SBA’s Anti-Debtor Stance

The Restructuring Report

June 25, 2020

As Chapter 11 debtors have grappled with the SBA’s surprising anti-debtor stance, a promising strategy has emerged. This strategy does not make sense for every Chapter 11 debtor, but for those Chapter 11 debtors that need additional liquidity and otherwise qualify for a PPP loan, quick action may be necessary.

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Strategies to Improve Treatment of Claims Before Any Bankruptcy Filing

The Restructuring Report

April 22, 2020

Steps and strategies for trade vendors to protect themselves in the event a customer may file for bankruptcy during economic disruption.

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