Global Restructuring Review - Cross-border restructuring and insolvency legal news, features and events

Features

Cryptoassets – how are they treated in an English insolvent estate?

Cryptoassets – how are they treated in an English insolvent estate?

01 April 2020

Goodwin Procter partner Simon Thomas and associate Emily Lockhart in London argue that, when the economy returns to normal, UK officeholders will be “in a prime position” to deal with the challenges of realising crytoassets for the benefit of creditors.

COVID-19: What measures has the French government put in place?

COVID-19: What measures has the French government put in place?

31 March 2020

Alexandra Szekely, partner at French litigation boutique Le 16 Law, examines the measures introduced by the French government to stave off large-scale corporate collapses in response to the COVID-19 pandemic.

Asset recovery column: emerging minority view on delivery of subpoenas under FRCP 45

Asset recovery column: emerging minority view on delivery of subpoenas under FRCP 45

25 March 2020

Sequor Law shareholder Leyza Blanco and attorney Daniel Coyle in Miami discuss the emerging trend in US federal and bankruptcy courts regarding service of subpoenas under rule 45(b)(1) of the Federal Rules of Civil Procedure.

TMA’s Scott Stuart talks about coronavirus and the challenges of leadership

TMA’s Scott Stuart talks about coronavirus and the challenges of leadership

17 March 2020

“There’s fear and panic right now and there’s no real way to quell that.” Fresh off the back of the Turnaround Management Association’s distressed investment conference in Las Vegas, GRR spoke to the organisation’s CEO, Scott Stuart, about coronavirus-induced confidence in distressed markets and how firms are set up to deal with the forthcoming economic shockwaves.

HMRC primacy: Out with the old, in with the… older?

HMRC primacy: Out with the old, in with the… older?

03 March 2020

Brown Rudnick partners Charlotte Møller and Tracy Fisher, and associate Lucy Hartland in London, examine how the UK tax authority’s elevation to preferential creditor status in insolvencies may impact other creditors and lending - and provide a summary of the government's response to (largely negative) feedback on the changes.

China Agrotech and cross-border restructuring in the Cayman Islands and Hong Kong

China Agrotech and cross-border restructuring in the Cayman Islands and Hong Kong

02 March 2020

Harneys partner Jayson Wood, consultant Lorinda Peasland and associate Charles Wong explain how the successful restructurings of Cayman Islands companies listed on the Hong Kong Stock Exchange have highlighted the flexibility and agility of the cross-border insolvency and restructuring regimes in both the Cayman Islands and Hong Kong.

“The epitome of a cross-border restructuring”: Noble Unpacked

“The epitome of a cross-border restructuring”: Noble Unpacked

20 February 2020

In the latest in GRR’s Unpacked series, the practitioners tasked with solving a US$3.5 billion multi-jurisdictional puzzle discuss how frustrated shareholders, regulatory interventions and a disgruntled ex-employee’s blog made Noble’s restructuring one for the ages.

Heads-Up: Ian Mann and Chai Ridgers at Harneys in Hong Kong

Heads-Up: Ian Mann and Chai Ridgers at Harneys in Hong Kong

18 February 2020

“If you can use your ingenuity to identify how stakeholders will benefit from the restructuring, you will get past the lack of a legal framework.” Offshore firm Harneys’ Asia managing partner Ian Mann and head of restructuring in Asia Chai Ridgers speak to GRR about China Agrotech, commodities and restructuring without a cross-border framework in Asia.

English pre-pack appeal changes the game for directors – perspectives from insolvency lawyers in Jersey, Guernsey and Ireland

English pre-pack appeal changes the game for directors – perspectives from insolvency lawyers in Jersey, Guernsey and Ireland

07 February 2020

The spotlight is now back on the role of directors in pre-pack deals following the English High Court’s recent decision on the fiduciary duties directors owe following a company's insolvency. Walkers partners Nigel Sanders, Adam Cole and Gavin Smith consider how those principles translate in the Channel Islands and Ireland.

Names to know in Spain

Names to know in Spain

21 January 2020

GRR's guide to the firms and individuals you need to know in Spain's restructuring market.

Spain Worked Out: Spain’s reforms wish list

Spain Worked Out: Spain’s reforms wish list

21 January 2020

A new, consolidated Insolvency Act and the forthcoming transposition of the European preventive frameworks directive offer opportunities for change in Spain. But Spanish practitioners have other issues on their wish lists for reform too, including specific tweaks to the legislation to clarify points of contention, and broader desires, such as better resourcing of the Spanish courts.

Spain Worked Out: The highs and lows of homologation

Spain Worked Out: The highs and lows of homologation

21 January 2020

Spain had no pre-petition restructuring tool until 2009. Its first attempt to create one was rather limited. The legislation wasn’t clear on the requirements for the petition itself, and Spanish courts construed it in very different ways, with some interpreting it as granting a temporary moratorium during which the debtor could attempt to strike a deal, but after which it would still be required to enter insolvency proceedings at the end.