Distressed Transactions, Workouts and Bankruptcy
MLA's Distress Practice focuses on advising purchasers of distressed businesses and assets both inside and outside the protection of federal bankruptcy courts and state proceedings. The attorneys in the practice build off of their private equity and M&A experience and focus on investors interested in troubled companies.
We also provide legal services to companies that are experiencing financial difficulties. We focus on advising troubled businesses in their corporate governance and corporate finance matters, including workouts, restructurings and disposition transactions. We also represent holders of troubled loans at all levels in the capital structure.
This practice area draws from our private equity, M&A, commercial lending and traditional insolvency practices.
MLA is a leading provider of legal services to private equity, venture capital and hedge funds. We represent these funds in all aspects of their businesses, including fund formation, growth equity, leveraged and management buyouts, leveraged recapitalizations and divestitures.
- Relationship Value: We bring value to our private equity clients through our existing relationships with corporate and family business owners, deal intermediaries and sources of capital. We distinguish ourselves in the marketplace by focusing on the business and legal needs of our clients, who appreciate our efforts to bring multiple resources to solve business needs for capital, deal flow and portfolio opportunities. Our national presence provides opportunities and relationships in multiple regions.
- Fund Formation: We represent funds in formation by assisting them in the development of their fund structure, offering documents, organizational documents, services agreements and general and limited partner agreements.
- Investments: We represent private equity, venture capital and hedge fund clients in all phases of their investment activities. We also represent management teams and companies in transactions involving private equity investments. Our experience in representing financial investors includes assisting management teams in bridging issues that arise in the context of these transactions.
- Portfolio Companies: We provide a variety of legal services to portfolio companies of private equity and venture backed firms. These legal services include financing transactions, employment matters, complex litigation matters, government affairs and government contracts. We are sensitive to the needs of financial investors and their fiduciary concerns in the current corporate environment.
Mergers & Acquisitions
MLA's Mergers and Acquisitions Practice is a cornerstone practice of the firm and is committed to excellence. We represent a broad range of clients – acquirers, targets, financial advisors, special committees, equity investors, leveraged buyout groups and shareholder groups – in connection with the complete spectrum of merger and acquisition transactions. Our experience also extends to contested transactions such as unsolicited bids, tender offers, proxy contests and other changes in corporate control.
We have significant experience in domestic and international transactions involving publicly owned and privately held businesses in many different industries. These transactions range in value from hundreds of thousands of dollars to billions of dollars. Regardless of the size of the transaction, we are committed to providing unparalleled service to our clients.
MLA has a wide-ranging international transactions and investments practice that represents companies in their businesses in Europe, Asia, Latin America, the Caribbean and Africa. We provide both transactional and advisory services to our clients and work with local foreign counsel when needed, such as in the acquisition or disposition of a foreign business.
MLA represents banks, finance companies and other lenders in all aspects of commercial lending, including asset-based lending and high risk specialty finance lending. We advise clients in the structuring of these loans, loan documentation, creation and perfection of security interests in personal property as well as real estate collateral, loan closings and trouble loan workouts. In addition to representing lenders in connection with the structuring and closing of commercial secured loan transactions, we advise financial institutions and other lenders regarding compliance with state and federal banking and consumer finance regulations.
Bankruptcy, Creditors' Rights and Insolvency Practice
The Bankruptcy, Creditors' Rights and Insolvency-Related Litigation Group of MLA (the “Group”) focuses its practice on the many issues arising out of corporate and business-related insolvencies. Our Group is comprised of highly regarded and experienced professionals who, from our offices in Atlanta, the District of Columbia, San Diego, Los Angeles, San Francisco and Denver, handle Bankruptcy-related matters throughout the United States, including, most recently, in Georgia, Virginia, California, Delaware, New York, Colorado, Texas, Florida and Pennsylvania. Members of the Group are Fellows of the American College of Bankruptcy, hold leadership positions in bankruptcy and insolvency-related bar and other organizations, regularly speak and write about issues arising in and outside of the Bankruptcy Courts and are well known to and highly regarded by their colleagues.
Members of our Group are regularly retained to represent Trustees, Debtors, Committees and Creditors in large and complex bankruptcy cases throughout the United States. Our significant experience is not limited to any particular industry and has included representations in manufacturing, real estate, health care, technology, energy, securities, construction, retail and textile areas. The bankruptcy process can be complicated and usually involves numerous stakeholders and competing interests. In order to successfully represent any party in a bankruptcy case, a bankruptcy lawyer must be both a negotiator and a litigator. Our lawyers have successfully negotiated and implemented plans of reorganization, debtor in possession financings, sales of assets and settlements with corporate insiders and directors. We also have substantial experience in the prosecution and defense of bankruptcy litigation in all manner of contested matters and adversary proceedings, including fraudulent conveyances, preferences, director and officer claims, relief-from-stay motions, and other motions and requests for relief that arise in bankruptcy cases.
In addition to representing Trustees, Examiners and Committees in Bankruptcy, members of the Group are also regularly retained to represent court-appointed fiduciaries in enforcement actions brought by the Securities & Exchange Commission (“SEC”) and the U.S. Commodities Futures Trading Commission (“CFTC”). These representations have required our Group to assist receivers and special masters in untangling complex fraudulent schemes, tracing assets domestically and internationally and assisting receivers in recovering fraudulent payments and ill-gotten gains. Our lawyers have brought and pursued all manner of litigation in connection with these representations including fraudulent conveyance and unjust enrichment actions, actions to recover improper dividends and commissions, malpractice and negligence actions, and demands for accountings.
Members of our Group have also represented secured and unsecured creditors both in and outside of bankruptcy courts. We have conducted and coordinated legal proceedings throughout the United States, providing the entire range of remedy-enforcement, defense and other creditors’ rights services, including real and personal property foreclosures, actions on notes and guaranties, receivership proceedings and other actions to protect and preserve collateral. In this regard, members of the Group work closely with MLA’s Financial Restructuring Group to offer creditors and investors the entire range of disciplines required to analyze, plan and implement resolution programs for problem loans and problem loan portfolios.
Additionally, our group works closely with MLA’s corporate and mergers and acquisitions attorneys in the protective structuring for our clients of the purchase or sale of and the acquisition financing for troubled or high risk businesses. Such transactions are frequently accomplished through the bankruptcy context under Code § 363, but we have also often advised on similar enhanced risk transactions in the non-Chapter 11 context.
Finally, our Group regularly defends against and pursues all manner of litigation which arises from bankruptcies and insolvencies, including lender liability claims, professional malpractice, director and officer and other, similar claims.
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