Ropes & Gray has represented numerous original and secondary investors in all aspects of the acquisition, sale and resolution of claims against entities in insolvency proceedings across jurisdictions worldwide, including Westinghouse Electric Company, MF Global, Lehman Brothers, Madoff and Enron Corp. We assist our clients with:
- Extensive diligence and market analysis of complex financial assets, often within a short time frame.
- Analysis of various transaction-related documentation, including credit agreements; prime brokerage, securities lending and derivative contracts; settlement agreements; leases; and employment and supply contracts.
- Advice on interaction with the relevant bankruptcy regimes and strategies to maximize economic recoveries while minimizing legal and tax risk resulting from transfers of and participations in the target assets.
- Negotiation and documentation of trade confirmations, confidentiality agreements, sale and purchase agreements, participation agreements, and credit support documents.
- Monitoring distributions and claims administration and management, including enforcement actions.
Ropes & Gray has closed claims transactions valued at tens of billions of dollars and has experience with the sale and acquisition of a diverse array of claims, including derivative claims, guarantee claims, litigation claims, general unsecured claims, customer property claims, bonds and structured security claims, net equity claims, and lease claims. Our team has represented clients in the most complex claims trading transactions in the marketplace, and has developed documentation that often establishes market standards.