Publications

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September 21, 2020

Kibbe & Orbe partner Gregory G. Plotko and Sourav K. Chaudhuri of ToneyKorf Partners discuss the unforeseen consequences and inconsistencies in the application of the March 2020 CARES Act.  

August 26, 2020

On August 14, 2020, the U.S. Department of Justice (“DOJ”) published the agency’s first FCPA Opinion Release since 2014. 

June 12, 2020

Kibbe & Orbe partners Scott Budlong and Michael Mann examine a recent SEC settlement order and identify valuable takeaways for fund managers who are potentially exposed to portfolio company MNPI due to board representation and/or status as a lender entitled to receive confidential company information.

June 11, 2020

Kibbe & Orbe attorneys Catherine Turgeon, Hanchang Sohn and Bill Orbe examine a few of the terms that down-round investors may require as a condition to the new financing – and the impact those terms have on the investors in prior rounds.

June 8, 2020

Kibbe & Orbe partner Michael Mann reviews the DOJ's updated guidance on “Evaluation of Corporate Compliance Programs”.

June 8, 2020

Kibbe & Orbe partner Julia Lu provides a roadmap for market participants as they identify, analyze and attempt to value reserve-based energy loans and commitments.

June 5, 2020

Kibbe & Orbe partners Jon Kibbe and Julia Lu provide an update on the closely watched Kirschner case and discuss the questions that remain in regards to arranger liability.

June 1, 2020

In this article published in the American Bankruptcy Institute Journal, K&O partner Julia Lu makes several suggestions to find collaboration in secondary market credit trading and out-of-court restructurings. 

May 29, 2020

Kibbe & Orbe attorneys Paul Haskel, Andrew Martin and Adam English examine the distinction between trading loans on par or distressed terms, and offer guidance to investors purchasing financially stressed or distressed loans.

May 20, 2020

Kibbe & Orbe partner Jon Kibbe outlines a strategic view of how loan market trends will evolve and what that could mean for businesses and borrowers in the "new normal".

May 18, 2020

K&O attorneys addresses unconscious bias in a remote work environment and best practices for fostering inclusion.

May 13, 2020

Kibbe & Orbe partners Jon Kibbe and Julia Lu provide an update on the closely watched Kirschner case and what this could mean for the structure of the modern loan market.

May 11, 2020

Kibbe & Orbe partners Gregory G. Plotko and Paul B. Haskel highlight precautions investors can take to avoid “constructive fraudulent transfers” when purchasing distressed assets.

May 8, 2020

K&O attorneys review the CLOUD Act and provide critical considerations for companies, compliance officers and counsel as they transition further into the Cloud. 

May 8, 2020

K&O partners Julia Lu and Kevin Rubinstein outline structuring considerations and techniques for finance providers and investment funds when considering how to efficiently leverage portfolios of illiquid financial assets.

May 6, 2020

K&O partner Michael D. Mann and former SEC Chairman Arthur Levitt Jr. have published a joint opinion piece "The SEC's China Evasion" in The Wall Street Journal.

May 6, 2020

Kibbe & Orbe attorneys Catherine TurgeonHanchang Sohn and Bill Orbe address how investors can successfully navigate a down round.

May 4, 2020

Kibbe & Orbe partner Paul Haskel discusses the current pandemic and the macroeconomic forces affecting the future of the litigation finance industry.

May 1, 2020

K&O partner Michael D. Mann offers a checklist of three critical lines of communication compliance departments should consider opening today to identify and avert crisis-driven compliance gaps.

May 1, 2020

Kibbe & Orbe attorneys James Ohlig and Emilie Condie discuss the terms, standards and factors that confirm the certainty of trade settlements in the secondary loan market.

April 29, 2020

Kibbe & Orbe attorneys Jennifer GradyJohn Clark and Richard J. Lee, JD, CFA discuss how loan total return swaps (LTRS) can be a valuable tool for distressed investors who understand its unique structure and features.

April 27, 2020

K&O counsel Robert Waldner outlines remedies available to the grantor when a participant defaults under a loan participation agreement

April 24, 2020

Kibbe & Orbe partner Michael D. Mann provides strategies compliance departments should consider in order to protect the business and mitigate the compliance risks that can arise due to supply chain disruption.

April 22, 2020

The secondary loan market uses a variety of transfer structures and settlement conventions to move the risk of owning a commercial loan from a seller to a purchaser...

April 20, 2020

Kibbe & Orbe attorneys offer guidance on how to undertake damages assessment and a general framework for the analysis when a trade breaks.

April 17, 2020

Kibbe & Orbe partner Michael D. Mann details how compliance departments can navigate these unprecedented times while maintaining effective internal controls. 

April 15, 2020

K&O London attorneys Matthew Hughes and Emilie Condie examine the enforcement of oral trades under English Law and how these differ from other jurisdictions.

April 13, 2020

When commercial loans trade at a discount, borrowers (and their affiliated sponsors) are rationally motivated to buy back their loans at the discount, retire them at par and improve their balance sheets by reducing long-term debt.

April 10, 2020

On March 25, 2020, the SEC issued an order (the “Order”) granting temporary conditional relief from certain Exchange Act filing deadlines for firms whose ability to meet the normal deadlines is compromised by the COVID-19 situation...

April 8, 2020

As commercial borrowers struggle to plan in uncertain times, many are drawing down on revolvers, putting stress on bank and non-bank lenders...

April 6, 2020

In today’s distressed global financial markets, the emerging focus is once again on counterparty credit risk, as it was in the aftermath of the Lehman Brothers collapse a decade ago...

April 3, 2020

Limited partnerships investing in private equity usually operate harmoniously: general partners (GPs) honor their fiduciary duties to their limited partners (LPs), and LPs can rely on the GPs’ expertise in selecting and managing the portfolio and on the information they receive about the fund’s investments. 

April 1, 2020

In times of correlated financial stress, no manufacturer needs a disruption in the flow of critical components through its supply chain.

March 30, 2020

The recent disruption to financial markets is putting new strains on the process of closing trades of syndicated bank loans, bankruptcy claims, restructured equity and other types of assets traded by participants in the secondary credit markets.

March 27, 2020

When can a mere phone call, an e-mail, a Bloomberg message, a voicemail, or a note scribbled in a trader’s notebook create an enforceable promise?

March 24, 2020

In this client alert, Kibbe & Orbe partner Julia Lu makes several suggestions to professionals in secondary market credit trading and out-of-court restructurings.

March 24, 2020

Secondary market credit trading and out-of-court restructurings have co-existed for many years. The relationship is close, but far from collaborative. Both sides are responsible for this mismatch –

February 7, 2020

In this client alert, K&O partner Scott Budlong discusses the LendingClub decision and its takeaways for directors of Delaware corporations.