• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

Mark Cuban says he has the solution to growing income inequality, and it's to reward every employee—from CEO to janitor—with company stock

2

‘I want to die broke’: Billionaire philanthropist Denny Sanford dies after giving away $4 billion

3

'Dr. Doom' Nouriel Roubini says we're headed for universal basic income or 'some form of socialism' as AI revolutionizes work—He calls that optimistic

1

Mark Cuban says he has the solution to growing income inequality, and it's to reward every employee—from CEO to janitor—with company stock

2

‘I want to die broke’: Billionaire philanthropist Denny Sanford dies after giving away $4 billion

3

'Dr. Doom' Nouriel Roubini says we're headed for universal basic income or 'some form of socialism' as AI revolutionizes work—He calls that optimistic
Financeprivate equity

Congress Isn’t Done with Casino Giant Caesars

By
Dan Primack
Dan Primack
Down Arrow Button Icon
By
Dan Primack
Dan Primack
Down Arrow Button Icon
May 26, 2016, 10:51 AM ET
Ceasar's Palace in Las Vegas
contract Armin HarrisPhotograph by Michael Lewis for Fortune
Add Fortune on Google for similar content.

Last December, Sen. Harry Reid tried tacking an amendment onto an omnibus spending bill that would have retroactively shielded two private equity firms ― Apollo Global Management and TPG Capital ― from junior bondholder claims related to the nightmarish bankruptcy of casino chain Caesars.

The rider would have more explicitly defined something called the Trust Indenture Act of 1939, an arcane piece of bankruptcy law that was designed to protect minority shareholders in out-of-court restructurings. A couple of recent court rulings had argued that the law should be interpreted fairly broadly, in that issuers should be prevented from not only legally impairing principal or interest payments without bondholder assent, but also from practically doing so via asset stripping and other feats of financial engineering. What Reid and Caesars wanted was to codify Congressional intent narrowly (and retroactively), arguing that the broader interpretations could empower just one or two small and disruptive bondholders to the detriment of the “held up” company, its employees, customers and other bondholders.

Reid ultimately relented, but Fortune has learned that this bill is anything but dead. Several letters are circulating through Congress right now arguing that the TIA needs amending, including one from the Chamber of Congress (dated 3/31/16) and from the Colorado Oil & Gas Association (dated 3/7/16).

There also is an unsigned letter that explicitly goes after one of Caesars’ junior bondholders, Oaktree Capital Management, asserting that the investment firm (via attorneys at Milbank Tweed) preferred a narrower interpretation of TIA during what became known as the Marblegate case (in which Oaktree was a senior bondholder, and ended up on the wrong side of the judge’s decision). My best guess is this letter was authored by someone close to Caesars ― even though it also speaks to a handful of recent energy company restructurings ― and basically paints Oaktree as willing to fight for whichever side of the TIA argument is paved with potential profits.

Get Term Sheet, our daily newsletter on deals & deal-makers.

The only trouble is that Oaktree disputes the unsigned letter, with a firm spokesman telling Fortune that: (a) “Oaktree was not involved in the drafting of the brief filed by Milbank Tweed;” and (b) “Oaktree ceased to actively participate in the steering committee of term loan lenders represented by Milbank Tweed some time before the filing of the brief, and its formal termination as a member of the committee came a week or so after the filing. That termination disassociated Oaktree from the brief and Oaktree has had no involvement in the Marblegate/Education Management litigation since that time.”

It also is worth noting that Oaktree has a lot more on the line with Caesars than it did with Marblegate. That latter case related to $217 million in bonds held by Oaktree and others, while a court-appointed bankruptcy examiner recently found that Caesars (and, indirectly, its private equity backers) could be found liable for paying out between $3.6 billion and $5.1 billion to its dissenting creditor group (largely due to Apollo-orchestrated asset-shifting that, arguably, contravened the broader interpretation of TIA).

The unsigned letter, which seems to have been widely-circulated, also pushes for expedited action:

“It is not necessary for Congress to introduce stand-alone legislation or hold public hearings when it is simply acting to overturn rogue court decisions by restoring well-established law, especially when such decisions introduce an alarming new risk to markets.”

There had been some talk that the new TIA rider would get added to the Puerto Rico rescue bill, but that didn’t come to pass. Maybe because that particular piece of legislation required a lot of partisan balancing, and no one wanted to complicate matters by adding an unrelated rider that would have generated headlines about bailing out a couple of giant buyout firms (yeah ― that would have trumped narratives about helping save energy sector jobs).

So advocates are looking at the limited number of remaining bills in this Congressional year, to find the best staple base. Actually reforming the corporate bankruptcy process ― the absurd length of which is why this is arguably an issue in the first place ― is, of course, not on the table.

About the Author
By Dan Primack
See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in Finance

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • TikTok icon
  • YouTube icon

Latest in Finance

va
North AmericaWhite House
HUD suspends disaster funding to U.S. Virgin Islands housing authority, saying mismanagement has kept $1.3 billion from hurricane survivors
By Danica Coto and The Associated PressJuly 21, 2026
2 hours ago
kalshi
CryptoKalshi
Kalshi’s ‘chronically online’ war room figured out World Cup virality — and realized AI might be bringing back the monoculture
By Nick LichtenbergJuly 21, 2026
2 hours ago
fuel
North AmericaWhite House
Trump’s $3.47 ‘Freedom Fuel’ gas network leans on an NFL kicking coach, a GOP fundraiser and a N.J. entrepreneur with a fuel theft rap sheet
By Brian Slodysko, Michael Biesecker, Josh Boak and The Associated PressJuly 21, 2026
2 hours ago
k
Commentarypower
What I keep hearing from Fortune 500 CEOs: ‘We have no idea what we’re actually paying for power’
By Kiran BhatrajuJuly 21, 2026
3 hours ago
Jersey Mike's Subs restaurant.
C-SuiteCFO Daily
Jersey Mike’s tests how far investors will stretch on restaurant IPO valuations
By Sheryl EstradaJuly 21, 2026
3 hours ago
Top CD rates from major banks on July 21, 2026: Chase CDs, Bank of America CDs, Citibank CDs, and more
Personal FinanceCertificates of Deposit (CDs)
Top CD rates from major banks on July 21, 2026: Chase CDs, Bank of America CDs, Citibank CDs, and more
By Joseph HostetlerJuly 21, 2026
4 hours ago

Most Popular

Mark Cuban says he has the solution to growing income inequality, and it's to reward every employee—from CEO to janitor—with company stock
Success
Mark Cuban says he has the solution to growing income inequality, and it's to reward every employee—from CEO to janitor—with company stock
By Sasha RogelbergJuly 20, 2026
21 hours ago
‘I want to die broke’: Billionaire philanthropist Denny Sanford dies after giving away $4 billion
Success
‘I want to die broke’: Billionaire philanthropist Denny Sanford dies after giving away $4 billion
By Sydney LakeJuly 20, 2026
1 day ago
'Dr. Doom' Nouriel Roubini says we're headed for universal basic income or 'some form of socialism' as AI revolutionizes work—He calls that optimistic
AI
'Dr. Doom' Nouriel Roubini says we're headed for universal basic income or 'some form of socialism' as AI revolutionizes work—He calls that optimistic
By Jason MaJuly 18, 2026
3 days ago
Current price of silver as of Monday, July 20, 2026
Personal Finance
Current price of silver as of Monday, July 20, 2026
By Joseph HostetlerJuly 20, 2026
1 day ago
It’s not just Taco Bell lettuce and possible glass in Pillsbury rolls: Food and drink recall events reached a 6-year year-over-year high
Retail
It’s not just Taco Bell lettuce and possible glass in Pillsbury rolls: Food and drink recall events reached a 6-year year-over-year high
By Sasha RogelbergJuly 20, 2026
1 day ago
Current price of oil as of July 20, 2026
Personal Finance
Current price of oil as of July 20, 2026
By Joseph HostetlerJuly 20, 2026
1 day ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.