The U.S. Government As Gatekeeper For Distressed M&A Deals

2013 M&A Advisor Distressed Investing Summit

March 6, 2013 from 10:30 am to 11:30 am (EST)

Special counsel Benjamin D. Feder was a panelist for a roundtable discussion at the 2013 M&A Advisor Distressed Investing Summit, titled The U.S. Government As Gatekeeper For Distressed M&A Deals.” The panel discussed the multi-faceted role of the U.S. Government in large Chapter 11 cases involving distressed M&A deals. Federal agencies act both as regulators from whom approvals must be sought (e.g., Hart Scott Rodino, Committee on Foreign Investment in the U.S.), and as major creditors (e.g., IRS, Pension Benefit Guaranty Corporation, EPA) who will share in the proceeds of the sale. Mr. Feder provided insight based on Kelley Drye’s representations of the PBGC in recent cases.

The 7th Annual Turnaround Awards were presented at the Summit.