The Deal
Sunday, November 8, 
7:47 am

— June 22, 2009 —

Cover story

The default option

Gannett has enough problems battling recession and flagging newspaper fortunes. But on top of that, the chain must cope with credit default swaps and empty creditors. The result could be Chapter 11.

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Community

Editor's Note

Editor's letter: Nov. 2, 2009

The behavioral crowd gets its chance to define us. But if we're all irrational, who should we follow?


Regulatory

A new map?

The DOJ and FTC consider revised deal guidelines.


Industry Insight

Mezz dispenser

Recent developments in the English restructuring market may leave mezzanine lenders in the cold.


Judgment Call

Risk, reconsidered

The architecture of recent M&A deals reflects a changed environment. On the whole there has been an increased focus on risk allocation.



Table of contents

Dealmakers

The deal lawyers

Profiles of eight attorneys poised for prominent roles in bankruptcy, privatization and international M&A.


Regulatory

Path to passage

Despite the inevitable fighting and lobbying, much of Obama's regulatory package may well become law.


Deals

Rural rollups

Consolidation continues among telecoms serving low-density, slow-growing markets. Despite some blowups, dealmaking rolls on.


Deals

Blast from the past

BlackRock-BGI probably won't set off a rash of BIG asset management deals. Potential acquirers are scarce, and vendor finance is hard to come by. Companies that can raise equity will have the edge.


Postmortem

Merrill's mess

Merrill Lynch's track record includes some of the sector's most ill-timed, ill-fated acquisitions.


View from the City

Not so fast

Economies have stabilized, but unemployment will get worse, and banks face further losses. No wonder private equity investors are a cautious lot.


Capital Calls

Governance, incentives and buyouts

A report argues that private equity governance practice is worse than you'd think. Unfortunately, it's full of holes.


Dealmakers

Entrepreneurial acquirer

Jim McCann of 1-800-Flowers.com likes to acquire talent, not just products.


Deals

Reviving a legend

After winning Silicon Graphics out of bankruptcy, Rackable Systems has its work cut out for it. Competition from the likes of Hewlett-Packard, IBM and Sun Microsystems made existence tough for SGI, and the combined company will have its hands full.


Follow the Money

Life extension

HCA tried to persuade investors to give it freedom to deal with its debt. They resisted. CLOs have a strong incentive to approve HCA's request because of the size of its loans and the prospect that they might be repaid early if HCA issues more bonds to reduce its senior debt.


Analysis

Backing into the future: 2004

Who could forget the scandals, the bubble or the wars? But despite our wariness, prosperity suddenly broke out. The first signs of a buyout boom became visible, and banks continued to consolidate.


Media Maneuvers

Carping

As the recession has tightened its grip, advice about saving has been replaced with a tyrannical fiscal correctness. Remember the carp.


Safe Harbor

Spheres of influence

Do proxy advisers wield real power? The outcome of two highly visible proxy fights and an academic study suggest not.


Rules of the Road

All in the family

The Obama administration's problem is how to make merger investigations more uniform within the FTC and the DOJ.


Analysis

Off offshore

The traditional model of offshore funds, typically set up in the Cayman Islands, has recently faced unseen levels of scrutiny. As a result, the future of the so-called unregulated offshore centers has been called into question.


Industry Insight

Seller's delight

Tips on selecting the right buyer for your strategic disposition.


Judgment Call

Let bylaws be bylaws

The authors discuss how to put teeth in advance notice bylaws.


Movers and Shakers

Gerber at the wheel

Chrysler's ride through bankruptcy kept Judge Robert Gerber busy. Now he must drive the even larger, and possibly more contentious GM bankruptcy through court. He will have to draw upon prior experience overseeing the bankruptcy proceedings of Adelphia, Global Crossing and Lyondell Chemical.


Movers and Shakers

Bayside landing

Susan Desmond-Hellmann, Genentech's former chief of product development since 2004, takes over the chancellor's chair at the University of California, San Francisco.


Movers and Shakers

Don't use the 'D' word

KKR's relations with Wall Street have been rocky through the years. A few years ago, the PE firm tried to scale back its reliance on third-party sources of capital. Now, KKR is partnering with Fidelity to open IPOs to retail customers.


Dealmakers

Passage to M&A

Cravath, Swaine & Moore's Minh Van Ngo.


Dealmakers

Not a bankruptcy renegade

Quinn Emanuel Urquhart Oliver & Hedges' Susheel Kirpalani.


Dealmakers

The natural

Sarah Paterson of Slaughter and May.


Dealmakers

On yelling, screaming and understanding

Masonite International's Chapter 11 reorganization was in some respects a three-month, running cell-phone conversation between CEO Fred Lynch and bankruptcy counsel Jonathan Henes of Kirkland & Ellis.


Dealmakers

Cross-border chic

Darrois Villey Maillot Brochier's Ben Burman is the sole non-French partner at the prestigious French law firm and one of very few to be found among its rivals.


Dealmakers

Counsel to the oil patch

David Buck of Andrews Kurth


Dealmakers

Contrarian team player

At once a contrarian and a team player, Curtin marked himself for an international career as a corporate finance lawyer, something that might account for his rapid ascent at Hogan, which made him head of European corporate practice last year.


Dealmakers

At play in the fields of distress

Patrick Dziewolski of Bredin Prat.


Movers and Shakers

Reality hits infrastructure on Wall Street

Departures from Wall Street firms' infrastructure units have recently been in the limelight.


Movers and Shakers

A defection in deal PR

When Andrew Merrill joined Finsbury three years ago, he began a search for another U.S. partner, which he finally found in Kekst's Jeremy Fielding.


Deal Diary

Cohen returns to i-banking

Privately held Ramius bought publicly traded investment bank Cowen Group for an estimated $450 million in a deal that will enable the hedge fund to go public under the Cowen name.


Deal Diary

Verizon rings up Debeviose

Verizon Communications signed two large deals last month when it agreed to sell $2.35 billion of wireless assets to peer AT&T and it agreed to sell local wireline operations in 14 states to Frontier Communications.


Deal Diary

Barclays lends BlackRock an inexpensive hand

Barclays lends Blackrock an inexpensive hand, Cohen returns to i-banking and Verizon rings up Debeviose.


Bankruptcy

Scoreboard: Bankruptcy League Tables

See The Deal's lists of the top firms and practitioners with active bankruptcy cases.


Hard Times

Caregivers now in need of care

While the public was trained on the pending bankruptcies of the automakers, healthcare was an industry bleeding heavily.


Arbitrage

Risk arbitrage: June 22, 2009

Citigroup Inc. reached a definitive agreement with the U.S. government for its exchange offer of $58 billion on preferred shares for common.


Editor's Note

Transactions: June 22, 2009

Every regulator gets to defend traditional prerogatives by ginning up support from corporate constituents


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