In her Distress Mergers & Acquisitions column, Jones Day partner Corinne Ball writes: Litigation over affiliate transactions arising in failed portfolio companies continues to provide guidance on core common issues such as breach of fiduciary duties, avoidance actions, equitable subordination and recharacterization. A recent bankruptcy case illustrates how at least one court will analyze allegations regarding affiliate transactions in the context of a motion to dismiss a recovery action based on a failed leverage buyout.
'Gulf Fleet' a Lexicon for Sponsors, Affiliate Transfers and Failed LBOs
New York Law Journal
April 25, 2013
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