Global Restructuring Review - Cross-border restructuring and insolvency legal news, features and events
15 August 2016
“Mediation of restructuring and insolvency-related disputes is a growing trend,” GRR kept hearing repeatedly from practitioners at events and meetings around the world. We set out to investigate and found that, while mediation is widely encouraged and used in North America, the process seems to be quite different from what is understood as mediation in Europe - where it has yet to catch on.
01 August 2016
Widely regarded as the father of Japan’s modern insolvency and restructuring laws, Dr Shinjiro Takagi has been a lawyer, a judge, an academic and an adviser to a multimillion-pound corporation. Now, at 80, he’s jetting off to pursue fresh professional interests with the law firm Morgan Lewis – outside of Japan.
25 July 2016
Older, established retail brands in the UK have been suffering in recent years and could now face further negative effects from Brexit. Against this backdrop, Claire Williams, an associate at Debevoise & Plimpton, looks at how retention of title clauses in retailers’ contracts with suppliers can complicate matters, particularly in the absence of cross-border harmonisation for these legal instruments.
13 July 2016
The development of pre-insolvency mechanisms alongside formal tools such as schemes of arrangement has been a valuable response to complex financial issues and should be borne in mind by regulators attempting to harmonise regimes, speakers said at a conference in Brussels on 16 to 17 June.
05 July 2016
Legal uncertainty, corruption investigations and an undiversified financial system continue to affect clients’ confidence in Brazil’s 10-year-old bankruptcy laws, but a growing body of jurisprudence is gradually ironing out some of the kinks in the restructuring process, agreed lawyers at the Latin Lawyer - GRR Restructuring Summit in New York last month.
29 June 2016
Partner Céline Domenget Morin and associate Romain de Ménonville from White & Case in Paris discuss the different types of amicable rescue proceedings in France and argue that the European Commission should look to them as it seeks to establish an efficient and effective common insolvency framework.
27 June 2016
Newly proposed intercompany debt regulations in the US could result in many debt instruments between related parties being characterised as equity, lawyers warned at a recent seminar, as they explored the impact of the potential changes on cross-border transactions.
23 June 2016
Daniel Carnio Costa, a bankruptcy judge at the First Bankruptcy Court of Brazil in São Paulo, called on his colleagues to ensure the social and economic benefits of corporate restructuring take precedence over the interests of the creditors and debtors, in a keynote speech at the Latin Lawyer - GRR Restructuring Summit earlier this month.
20 June 2016
Panellists speaking at the first Latin Lawyer - GRR Restructuring Summit held in New York earlier this month were split over whether Venezuelan state-owned oil company PDVSA is on track for an imminent default: but there was broad agreement that the legal aftermath will share many similarities with Argentina’s highly litigious 15-year sovereign debt battle.
16 June 2016
Lawyers representing debtors in distressed M&A deals in Latin America need to provide clearer communication strategies and valuation plans to avoid troubling creditors, guests at the first Latin Lawyer – GRR Restructuring Summit in New York heard last Monday.
15 June 2016
The traditional dichotomy between banking resolution and corporate resolution is obsolete, said speakers at a conference at the University of Reading, as they considered the practical, political and legal challenges that have distorted the development of a new regulatory landscape for financial institutions post-2008.
10 June 2016
A number of recent high-profile cross-border restructurings have brought changes to the way Latin American lawyers approach debtor-in-possession financing, but applicable laws remain “dysfunctional” according to a panel at Latin Lawyer – GRR Restructuring Summit in New York last Monday.